Research On The Finished Standard Of Larceny

`Larceny is a crime that was one of more common criminal acts in crime againstproperty.And it has bad effect on the rights of citizens and the order of social.However on the theft crime accomplished offense standard, has been controversial intheory. The standard of accomplishment of the crime about the theft should be clearand it has the important significance to the protection of human rights, punish crime.This paper consists of three parts: The part one introduces the related cases of thelarceny, including Gong theft, Yu theft, Lin theft, Huang theft Xuan theft. these casesare controversial about the theft crime accomplished offense standard. After thought,this paper get these questions: Theft of property rights certificate accomplished, theftvirtual property accomplished, theft in control space accomplished, motor vehicletheft consummated,theft behave is consequential offense or behavioral offense.The`second part analysis the following questions:1.`analysis the theft right certificate, the property right certificate can be replaced witheither the bearer can not report the loss. Theft is not registered the property rightcertificate that can not report the loss, man obtain a certificate that is regarded as theaccomplished; the one stole secret certificate that can report the loss, he actuallycontrol property means accomplishment.2.The one steal virtual property to controlothers account and password to distinguish the crime finished. The one changeanother’s account and password means he finished crime. the one intrude the systemand did not modify account and password, but actually control of the property is thesign of accomplishment.3.Theft in control space, the one who steal property from thevictim’s home means establishment of theft accomplished. The one accomplished theact of obtaining the victim’s property in public places including shopping malls, hotelsand so on meaning he accomplished larceny whether he left the public place or not;Theft of public owned property act, man will leave shopping malls, hotels’warningline means he control the property, the crime accomplished.4.Motor vehicle hasstarted and can be moved at any time.At the same time,the motor has been movedfrom where it stands. That means the crime has completed.5. Consequential offense isthis paper’s result. Only get the property that worth the Crime Law to protection, thecrime finished.Ther`efore, the standard of accomplishment of the crime of theft should be clear. It isbeneficial to the establishment of the criminal law’s authority and deterrence behaviors; it is conducive to punish crime, maintain social order and respect andprotect human rights.