On The Cognitive Perspective Of The Secretiveness Of Larceny

Scholars have been done very thorough and very extensive researchs on larceny, whose contents contain the analysis of various constitutive requirements of larceny, the difference between larceny and other crimes,the analyses on the secret stealing behavior and openly taking fiscal behavior and so on,but author did not find any papers specifically to analyze the cognitive perspective of the secretiveness of larceny. The secretiveness of larceny of the identification in the law of our country is achieved through the subjective element, but there are practical conflict results in the same case with the victim’s and society’s cognitive perspective of the secretiveness of larceny. Therefore, paper is intent to through analyzing the different cognitive perspective of the secretiveness of larceny,to analyze the rationality and superiority on the perpetrator cognitive perspective of the secretiveness of larceny and analyze whether there are flaws in the perpetrator cognitive perspective as research purposes.Paper is divided into two parts of foreword and body, of which body part is divided into three chapters.Foreword introduces the law and judicial interpretation of larceny, and affirms the existence of the secretiveness of larceny, then makes use of’, the cases to lead to the topic.The first chapter is about the larceny and the secretiveness of larceny. This chapter firstly underlines only discussing the constitutive requirements of general form of larceny under existing criminal law in this paper. Followed with the analysis on the larceny in other countries or regions to the question whether the law in other countries or regions on the larceny is interpreted as the secret stealing or take secretiveness as the essential characteristics on the larceny, what decides whether paper could analyze the secretiveness of larceny by the way of comparision.At last,this chapter makes analysis of the secret stealing of subjective and objective performance as well as the grounds of some scholars disagreeing the secretiveness as essential characteristics of the larceny.The main content of the second chapter is the subjective cognitive perspective on crime. Firstly, in this chapter the fact judgment and the value judgment of these standards in criminal system is leaded to judge subjective cognitive perspective of crime. Secondly, combining the two standards of the fact judgment and value judgment analyse the basement of subjective cognitive perspective on crime of three types of subject.Finally, crime constitution is unable to escape from the principle of subjective and objective of crime established standarda of unity, besides subjective cognitive of crime should also follow this principle.The third chapter mainly contains the cognitive perspective of the secretiveness of larceny. In this chapter analyse the contents of takeing cognizance of the secretiveness of larceny in the perpetrator cognitive perspective, the victim cognitive perspective and the common people cognitive perspective. And then compare these perspectives between the resonality and the feasibility,and find the defects between the different perspectives, and then come to adhere to the choice of perpetrator’s subjective cognitive.This paper carries on the cognitive perspective of the secretiveness of larceny, notwithstanding the existence of a subjective cognitive perspective considered other possibilities, but the conclusion of this paper is that people should adhere to perpetrator cognitive perspective of secrectiveness. When cognitive defects appear in the larceny, if they can be resolved under the existing criminal law, then resolve through the existing criminal law and legal principles, but if they can not be resolved under the existing criminal law, then they might be resolved by legislation or by revising judicial interpretation.