The Theft Act Of Larceny

Larceny, as an old crime violating the property, has been highly concerned in the criminal law field. This paper, drawing on the basis of previous researches, makes more in-depth study on the objective of the larceny, that is the "secret theft act". Paper is divided into three parts.The first part mainly discusses "secrecy" is whether necessary to the constitution of the theft act.It is controversial in the academic theory that "secrecy" is whether the necessary element of the objective aspect of the larceny. Now in our country, it is popularly said that the nature of the theft is "secrecy", the secrecy of act is a necessary element of theft established. The article discusses many shortcomings of traditional viewpoints which are difficult to justify legal problems arising in practice from the pros and cons. Theft is not limited to steal something secretly. It is reasonable to interpret taking something openly and peacefully as "theft" both in theory and in practice.The second part discusses the theft from the front of the structure. The nature of larceny is to occupy the property of others for their own or third party's possession by violating the victim's will. Possession means exclusive domination, the subjective must have the dominate meaning of the property, while the objective must have actual control of the property. When talking about theft, I not only introduce the usual sense of the theft act, but also conduct a more detailed description about mild seizure and blatant theft. Act of theft has its own beginning and end. How to correctly identify theft whether to proceed and whether to complete the implementation of the conviction is essential to guilt and sentence for theft. In my view, whether the implementation of the theft is judged by the standard of "control" is more scientific. Because "control" standard is not only consistent to all form elements of judging whether the theft is successful, but also adapts new trend of the object of the larceny in recent years. Moreover, the "control" standard is now commonly used in countries around the world.The third part discusses the differences between larceny and two other type criminal behaviors of violation of property (grabbing act and fraud). Grabbing has the possibility of causing injuries to others. Moreover, it puts violence into the victim's property. The fraud often is to conceal the truth of the victims into the error of understanding through fiction, and the victims voluntarily give the properties based on incorrect understanding. There is a direct relationship between the fiction and the misunderstanding.