Research On Special Plot

The amendment to the criminal law (eight) of the theft crime increased burglaries, carrying weapons theft and pickpocketing three new crime plot, the three plots and the original repeatedly stealing plot like theft, become the four special crime plot. But for the provisions of the four plot is too vague, resulting in the abuse of judicial discretion. In this regard, taking two aspects controversial concept clear special in the plot and the amount of action as the way, and strive to improve the discretion in theft right limit.Four special circumstances about the theft should be understood in the repeated theft: plot, "theft" refers to the administrative law degree, but has not reached the degree of criminal illegal behavior, the number of judgment behavior should take the form of standard; defensive burglaries in "households" to combine to create a private, quiet residential space for the characteristics of the household and for residential tenants existence the difference in public environment to carry identification; concept weapon weapon theft in the plot and "weapon carrying weapons snatch" in the presence of different weapon and crime, cognizance tool area don’t should focus on the tools and crime object exists correspondence; pick pocketing should not be limited to occur in public places, the judgment standard of belongings should be to be tightly contacted with human body as the standard.In the ordinary circumstances and the amount of special circumstances, is opposite to the conviction of the role played by. In the former case, the amount of the role is "to the amount of crime"; while in the latter case, the amount of the role is "a small amount is a crime". Therefore, for the special circumstances of the theft crime cognizance, do strict limits.The abuse of discretion in theft rights mainly to accurately describe the connotation of the concept, there is still blank spot interpretation method, has carried on the "objective restriction of other crime factors outside the amount of shrinkage" and need to be further clarified including explanation failed to. In this regard, method should be taken for correction is for concepts, legislation to explain clearly "pickpocket" the meaning of behavior, in addition to clear other effects of stealing amount outside of the special circumstances of crime factors.