Theft Judicial Affirmation Knotty Issues

Larceny as a common form of multiple crime, has been much academic and judicial practice criminal law focus of attention. With the social and economic development, criminal means complex, The Criminal law Amendment (eight) on the constituent elements of larceny significant modifications, as well as the introduction of the "judicial interpretation" in2013. Those acts of larceny and larceny amount are further defined. However, the conviction of larceny is not detailed according to the present law. Leading to much great difference in understanding such as the characteristics of larceny object and the identification of special objects, and many controversies on how to apply the law to the new larceny behavior,how to identify larceny amountAccording to the legislation of our country.The article aims to probe into the difficult problems in judicial conviction of larceny from the point view of theories and judicial practice as well, considering those domestic and foreign related theories and practice. The author has elaborated on the issue whether the special criminal objects, For example, virtual property, real estate, IOU, and close relatives property, can be identified with the scope of the larceny object, and analyzed the larceny of contraband, virtual property, Theft of objects on the wrong understanding of how the amount of theft carried out judicial determination.The Criminal Law Amendment (eight) for burglary, carrying weapons theft, pickpocketing three new larceny highlights the Penal ways to maintain social order, and strengthen the protection of legal interests functional colors, from judicial application point of view, it is necessary to make an accurate interpretation of three new larceny; New provisions had a major impact on the identification of the repeated larceny. But we should make restrictions on the larceny amount of repeated larceny.The repeated larceny should take the max amount of "Large Amount" as the necessity of the crime composition. Author write this article want to perfect the legal system of larceny and seek more workable ways in the judicial practice.