Theft Problem For Study

The larceny is refers illegally take holds as the goal. The secretsteals the amount greatly public and private belongings or steals thepublic and private belongings many times the behavior. About larcenyaccomplished offense, attempted standard question, regardless of in theChinese criminal law theorists in the overseas criminal law theorists, allis a long-standing dispute question. At this point, the various countries'criminal law theorists had not proposed a general standard, causes thejudicial worker in the judicial practice to the same plot, because ofknows differently but makes the difference disparate processing result.In view of this kind of situation, the author embarks from the Chineseand foreign correlation theory relativity research, according to the ourcountry criminal law related stipulation, the hard problem which and inthe union judicature practice appears, proposed own viewpoint, attemptto establish one kind "the area to think of something else" themechanism, namely acts according to our country criminal lawstipulation larceny the crime constitution, the discrimination differentsituation, the basis different standard determines the larceny attemptedthe accomplished offense. Regarding basically steals the behavior, usesthe control standard to say; Regarding situation which steals many times,then by inferior theory of numbers. Thus strives for the establishmentscience unification standard provides the reference.The larceny is one kind of typical property crime. Generally speaking, steals the amount should defer to the belongings value which the litigant steals actually to recognize steals amount. The larceny crime amount is the secret steals graduated arm of the public and private belongings behavior society hazardous quantity to decide one of standards, is the larceny objective performance shape main content, also constitutes one of larceny important documents. This article has carried on a more detailed analysis to the larceny crime amount theory, and aims at the concrete question which appears in the judicial practice, is robbed the goods to divide into the common goods and the special goods. Also acted according to in 1998 "Supreme People's Court about To tryTo steal Case Certain Questions Judicial interpretation", the union judicature practice crime amount recognized some hard problems, to are robbed belongings for the common goods crime amount, are robbed the goods for the special goods crime amount, in the common crime crime amount, trans-region stole many times question and so on crime amount proposed the related opinion.Our country criminal law not explicitly stipulated the unit may take the larceny the subject of crime, how but organized the behavior in the related judicial interpretation to the unit which stole to punish the question to make the specific stipulation. Whether then the unit does steal the behavior to determine guilt into in a current judicial practice dispute focal point, also is in a criminal law study theoretically urgent need solution question. Regarding this, this article has absorbed the legal science newest research results, take the unit crime related theory as the foundation, from the unit which stipulated to the Supreme People's Procuratorate's judicial interpretation steals the behavior the judicial processing way and its along with attaches the theory the question to embark, explicitly proposed the unit may become the larceny main body the crime punishment to ask The topic, and stole the behavior to the unit to make the concrete analysis, finally proposed in this foundation consummated our country criminal law to be possible to become the larceny subject of crime to the unit the legislation conception.