Reach On Several Difficult Questions Of Larceny

Larceny，which stems from the ancient, has always been one of the offenses in China’scriminal law. Larceny also brings up the concern in China’s criminal law scholars. In the newhistorical conditions, with the rapid developing of China socio-economic, the new forms ofLarceny, and the objects of crimes are also emerging. Based on this, I will study on somedifficult problems, expecting to do some benefit to the application of Larceny in China’sjudicial practice.Larceny as a property crime, whether the "property" can be classified as itsobject, there are different theoretical perspective, both at home and abroad. Depending on thedefinition of the essential attribute of Larceny, I will explains the reasons why intangibleproperty, credit cards, contraband, network virtual property, and other types of special objectscan be classified as Theft crimes objects. The behavioral characteristics of the theoreticalcircles are the focus of controversy in the objective aspects of the theft. Although "secret” hasoccupied through said position, there are still scholars hold different views. I believe thatpeaceful means is more reasonable. For the conviction standards, China Criminal Law in1997has taken "amount" and "frequency" as the standard, and the Criminal Law8thAmendment makes further to be perfect. In my paper the large amounts of multiple theft,household theft, carrying the weapon theft, pick pocketing are analyzed. If we consider it asLarceny, we must analyze the recognizing errors. In judicial practice, the understanding of thebehavior of human error including awareness of error in the legal and de facto recognize theerror. In this article, based on the interpretation of the understanding error, I put forward viewson how to deal with this problem. The accomplished standard, not only in theoretical circlesbut also in judicial practice, is a fierce debate and a difficult problem to solve. On this issue,there are different points of view existed in scholars which including contacts with, transfer,and control. As far as I am considered, relatively speaking, the point of control is morereasonable, and it enable the elements are all fully satisfied. On this basis, I discuss severalspecific circumstances, for example, the implementation of workplace theft, theft ofimplementation time, the theft of objects, use of the network implementation of the theft, which can affect Larceny accomplished in detail by using the point of control.