Research On The Legal Interests Of The Larceny

In the judicial practice,there are many different judgments in the same case.It is clear that the legal benefit of theft is conducive to accurately defining the constituent elements of the theft,thus providing a unified standard for determining whether an act constitutes theft.There are two ways to explore the legal benefits of theft,one is based on the "ownership theory","the right to speak" and "possession",and the other is the property itself as the legal benefit of theft,but how to determine The concept of property has different viewpoints.The idea of following "occupation theory","property theory" and "ownership" is obviously better than the "property theory" discussion path,and it is more in line with the characteristics of theft crime.There are many opinions about the theft of theft.From the ownership theory to the right to the possession,the scope of the legal benefits of theft is constantly expanding.Among them,the ownership theory and the original power have their own limitations,which is difficult to solve in judicial practice.Some of the problems are not conducive to the protection of the interests of criminal law protection,and possession itself should also be worthy of the protection of criminal law.Occupation can reasonably define the scope of the elements of theft,meet the needs of reality,and can reasonably explain some difficult problems.For example,private remedies and unpunishable after-the-fact behaviors,taking possession is beneficial to the reasonable protection of the interests of criminal law protection.