Character And Suggestions In Practice Of Larceny With Weapon

As one of the new larceny provisions in the 8th criminal amendment code, the larceny with weapon changes the unicity of the criminal object of the larceny. Meanwhile, because the new criminal law does not set amount limitation about larceny with weapon, the criminal academia and practical circle has spread a wide discuss about its behavioral character, accomplished criteria and so on. Besides, although The Supreme People’s Court and the Supreme People’s Procuratorate issued an explanation in 2013, the explanation didn’t resolve the differences in understanding, and the problems still existed in the judicial practice, such as the different standards about crime establishment. So, for better realizing the legislative purpose of criminal law, it is necessary to summarize and analyze the problems existing in the practice, clarify the character of behavior in the larceny with weapon basing on the deeper comprehension on the explanation.This paper divides into 3 chapters. Based on the judicial practice about the larceny with weapon, the first chapter mainly summarizes the existing problems, and analyzes the causes of the problems. In judicial practice, the standards about crime establishment are different. On one hand, many cases of larceny with weapon are not investigated for criminal responsibility. On the other hand, there is a worry opinion in some regions that all the larceny with weapon should be investigated for criminal responsibility. The reasons is that the confusing understanding about the crime’s character produces different views on the accomplished criteria and its criminal object, influences the evaluation of its social harmfulness. Also, the different opinions about the relate concepts of larceny with weapon, and selective enforcement exacerbate these problems.The second chapter analyzes the character of the behavior in larceny with weapon deeply. Although the criminal law about larceny with weapon takes the personal safety into protection, its nature doesn’t change, and it also belongs to crimes against property as the criminal object is mainly property, so its accomplished criteria should be related with property. Meanwhile, the legal provision of larceny with weapon does not correspond to rules of behavioral offence, so it still is consequential offence like the common larceny. Based on this, it can be regard as initiating a crime when the behavior brings danger that others lose his property; the out-of-controlling theory should be the accomplished criteria, as it prefers to criminal object theory, that is larceny is accomplished when the victim lose property with a certain value.Based on the analysis in the second chapter, the third chapter analyzes the problems in practice concretely, and makes suggestions. Different from snatch crime with weapon, the range of the concepts in larceny with weapon, "carrying" and "weapon", should be wider; many aspects, such as criminal intent, the methods of crime, the result caused by crime, should be considered when defining the scope of unaccomplished crime punished; some aspects like offender, victim, must be considered when evaluate social harmfulness; when the behavior conforms several provisions, which one used to affirm crime.