A Study On The Quantitative Elements In New Types Of Larceny

According to the eighth criminal law amendment which expanded the scope oflarceny, the amendment regulated “burglary”,“theft in hand” and “pickpocket” as thenew types of larceny. Complicated with the traditional theory of larceny, however, thisprovision of the eighth criminal law amendment violated the “determining the natureand fixing quantify” legislative pattern and to some extent, betrayed the criminallaw’s value and made it difficult to exactly apply the rule during the judicial process.This paper will start from the legislative value and defects and construe the status andfunction of new types of larceny in order to explore the establishment of new types oflarceny and fix the dispute over the criminal law’s complication to fulfill the functionand value of criminal law.There are three main parts in this paper. The first part is the introduction of thelegislation of new types of larceny, which explains the legislative changes andcharacter of new types of larceny in the eighth criminal law amendment, analyzes thelegislative value and defects and comprehensively explain the function of new typesof larceny to reveal their protection and detection of serious crimes. New types oflarceny are lack of quantitative factors resulting in the excessive expansion of thescope of larceny and unfavorable legal system. To benefit the future legal practice, Isupport to remain the quantitative factors.The next part is the discussion on the quantitative factors of new types of larceny from the perspective of the criminal law, economics, sociology and criminology. I willfocus on the advantages and function of retaining the quantitative factors to draw theview that quantitative factors play an essential role to protection the coordination andunification of the criminal law in accordance with the citizen’s requirement and publicidentification of the criminal law. The necessity and feasibility of new types oflarceny is reflected in this section.The final part of the paper is about the establishment of quantitative factors fornew types of larceny. I will determine the path of new larceny through the function ofquantitative factors and integrate the criminal behavior into social harm under thesituation that the theft amount has difficulties to reveal the social harm. To be morespecific, supplement the social harm under the circumstance of the less theft amountto progress the crime standards of the new types of larceny and fix the scope ofpunishment through the quantization of the number of crimes, objects, time, location,means, and recidivism records of the new types of larceny.