Analysis On The Confirmation Of New Accusation Of Larceny

The Criminal Law Amendment (VIII) of People’s Republic of China(hereinafter referred to as Criminal Law Amendment (VIII)) was issued formally on25th, February,2011and it carried into effect on1st, May,2011. The39th ofCriminal Law Amendment(VIII) modified the Article264of Criminal Law as “Theftwith public or private property of large amount or repetitious larceny, burglary,larceny with lethal weapon, stealing shall be sentenced to fixed-term imprisonmentof not more than three years, detention or surveillance and or independently besentenced to a fine; if the amount be huge or there be other serious offenses,sentenced to fixed-term imprisonment of more than three years while less than tenyears, and concurrently be sentenced to a fine; if the amount is especially huge orthere are other especially serious circumstances, sentenced to fixed-termimprisonment of not less than10years or life imprisonment and concurrently besentenced to a fine or property forfeited.” Criminal Law Amendment (VIII) hasmade a lot of change to larceny from constitution of a crime to extent formeasurement of punishment, which has solved some chronic illness that has agitatedjuridical practice for a long time and corresponded to the enormous controversies ofcriminal law extent of larceny. Meanwhile, it generated new doubts of theorists aswell as new confusion of practical circle. This article takes the effect of judicialpractice for three years after the implementation of Criminal Law Amendment (VIII)and through the compare between larceny conviction and sentencing before as wellas after the modification of Criminal Law, especially for the new accusationsanalysis, striving for grasping the nature and rule of larceny in an all-round way andshowing the personal views about hot topics during the process so as to make a littlecontribution to theoretical research and judicial practice.This article begins from the aspect of modification part about larceny ofCriminal Law Amendment (VIII). After making an introduction of principle changes,it analyzes the effect in judicial practice, compares the pros and cons before and after the modification of larceny and explores legislation technology and influences ofamendment on larceny. In the legislation changes as well as analysis of larceny inCriminal Law Amendment (VIII), this article starts from legislation changes oflarceny, comprehensively introduces the modifications. Analyzing from the threeaspects of burglary, larceny with lethal weapons and stealing and interpreting thepunishment of larceny.In the part of “Analysis on the juridical practice of this crime after theimplementation of amendment”, this article analyzed the new accusations ofburglary, larceny with lethal weapons and stealing in terms of juridical practices. Itcarries out legal analysis in ambiguity of identification of crimes and presentspersonal views and suggestions.In terms of “Legislation trend of larceny of Criminal Law Amendment (VIII)”,this article makes a summary of legislative characteristics and trends of larceny inCriminal Law Amendment (VIII) for the management and supervision of legislationimprovement of larceny in future.