Determination of larceny (1) The boundary between this crime and non crime Those who commit petty theft, who steal property occasionally due to difficulties in life due to disasters, or who are coerced to participate in theft activities without sharing the stolen goods or with little sharing of the stolen goods, may not be treated as larceny, and may be appropriately punished by the competent authority when necessary. Distinguish the act of stealing the property of one's own family members or close relatives from the crime of theft in society. The Interpretation stipulates that such cases are generally not treated as crimes; If it is necessary to investigate the criminal responsibility, it should also be different from those who commit crimes in the society. (2) Accomplished and attempted theft There are contact theory, transfer theory, concealment theory, out of control theory, control theory, out of control plus control theory about the accomplished standard of theft. We advocate the theory of "out of control plus control", that is, when the theft has made the victim lose control of the property, or the perpetrator has controlled the stolen property, it is a completed crime. The loss of control of the victim and the control of the actor are usually unified, and the loss of control of the victim means the control of the actor. However, there is also a discrepancy between the two, that is, the victim lost control, but the perpetrator did not control property, which should also be recognized as accomplished theft, because this law aims to protect legitimate rights and interests, and the distinction between accomplished and attempted is the difference of social harmfulness. As far as larceny is concerned, the degree of harm does not lie in whether the perpetrator controls property, but in whether the victim loses control of property. Therefore, even if the perpetrator did not control the property, as long as the victim lost control of the property, the theft was completed, and there was no reason to treat it as an attempt.