盗窃罪若干疑难问题研究法律专业论文.docx

1 1 Abstract Larceny is an ancient crime, and occurs frequently in nowadays as well. The Criminal Law was promulgated in 1997, since then, legislative explanations and judicial explanations which turn into a certain scale have been published in succession, suggesting the theoretical community and practical community made further study of larceny. However, there still exists many problems on how to use the constituent elements in judicial practice. For example, how to define illegal-occupation purpose, how to deal with the problem misunderstanding the value of target of larceny, which are difficulty problems in reality. The author attach more importance to illustrating the two problems profoundly in order to grasp the constituent elements of larceny clearly in practice. The essay is divided into three parts. The first part deals with the preamble of larceny. It illustrates crime briefly from subject, subjective respect, objective respect to object and focus on the action of objective respect of larceny and the target that the action points to. The second part deals with the definition of illegal-occupation purpose of larceny. Criminal Law in different countries and districts viewed, there are different doctrines on criminal purpose of larceny.Author proponent the detinue theory and define illegal-occupation purpose through consciousness of perpetrator and objective fact. Besides, how to define reasonably illegal-occupation purpose of destroyed larceny acting as a special form of larceny. The third part deals with misunderstanding the target of larceny. It is commenced to probe its category and property from errors on recognizing of Criminal Law. The key point is how to deal with misunderstanding the value of target of larceny, including its principle and standard, clear awareness of intensional criminal purpose, and remark on larceny of omission. As for the treatment of those errors on recognizing, the author attempts to employ the principle combining subject and obj