Research On Conviction Mode Of Larceny

The eighth Amendment to the Criminal Law of the People’s Republic of Chinacame into effect on May1st，2011. And consequent to new changes of relevantlegislative provisions of Larceny, especially the change of conviction modelegislative provisions which influence to the theft criminal justice very much.Amended Theft added three new crime behavior and retain A relatively large amountand Multiple theft legislative provisions which made those independent to each other,so that a relatively large amount and three new behavior, side by side with each other.Three kinds of new behavior and a relatively large amount juxtaposition to make therevised theft conviction model became to mixed-mode and dual-mode coexist as aconvicted standard, which conflict with criminal law theory and traditional Theftproduce such as cross-selection of a single conviction mode and dual-mode; How tosplice Crime of theft and Administrative Penalties for Public Security theft. Injudicial practice, due to the lack of the latest judicial interpretation, resulting Theftunlimited expansion of the circle of crime and criminal jurisdiction. Therefore, thecurrent Larceny legislation have some unreasonable provisions, and had a negativeimpact to the judicial practice. In order to control the unlimited expansion of thecircle of Theft, this article starting from a legislative perspective to analyze the typesof the current conviction mode of larceny, identify and amended conflicts andcontradictions in the legislative provisions and unreasonable splice between larcenylegislation and judicial practice,and promote the development and improvement ofthe system development of criminal justice system.This study is divided into five chapters. The first chapter expounds LegislativeHistory and changes of Larceny conviction mode. Theft conviction mode andlegislative development is closely related to each other, our Theft legislativedevelopment divided to four stages, reflected different characteristics at differentstages. Theft of different legislative provisions, also led to changes in the patterns of Larceny conviction, which will make changes to the patterns conviction Theftconcept. summarized the Theft legislative provisions at the end of this chapter, andfind Theft conviction mode change trajectory.The second chapter expounds type of Larceny conviction mode and analyze thecharacteristics of different types of theft conviction mode. Because the particularityof theft conviction in China, Which by both single-mode and dual-mode mixed. Theauthor summarized to the current mixed conviction mode,and formed a clear typewhich contrast to identify the characteristics of Theft convicted mode in China.The third Chapter discussed one of the larceny conviction mode which isbehavior conviction. Such conviction is mainly for the home theft；theft with lethalweapons；pick pocketing three new theft behaviors. The status this three crimes isnot optimistic in justice, so that it is necessary to be included in the scope of criminallaw. In this chapter, the author first analysised the patterns of the three new behaviorsare the result of the patterns of crime committed. Second, due to the three new actscome to Criminal law shortly and the status quo confusion, hence, It is need toindividually explain to understand three new behavior, provide a reasonable basis forjudicial practice. And analyze the problems in the judicial determination of the threenew acts which to clarify the crime or the boundaries of this crime and other crimes.The main content of Chapter fouth is another conviction mode which is theamount of factors. Legislative conclude qualitative and quantitative is a majorfeature of China criminal legislation, and over-reliance on factors of the amount inconviction and sentencing is an important problem in the criminal law. So, In onehand, the author certainly the amount of the positive impact of the factors for theconviction and sentencing, and find a reasonable position for the amount legislationin the mode of conviction. On the other hand, analyze problems exist in the amountof legislation, as well as discuss the difficult problem in amount conviction mode.The fifth chapter is an important section of this paper. First, through theanalysis for the Theft conviction mode,think the current problems of Larcenyconviction mode, and questioned for the introduction of single conviction mode to China. Reasonable Dispute mixed convicted mode dual conviction mode reiteratedof dual criminality mode in the value of China’s criminal legislation. Secondly,amendment to the Theft conviction mode, and establish qualitative dominated inmixed mode. Finally,starting by the legislation and back to the legislation. Putforward the Larceny legislative development direction and penal philosophy andpolicy must coordinated with the criminal justice system in Legislative tendency ofLarceny conviction.