The Discussing On The Theft With Weapon

The amendment of criminal code (8) has entered into force in May1,2011. And it has revised the theft provisions of the existing criminal code.Now the new theft provision provides:” Whoever steals a relatively largeamount of public or private property, commits thefts many times, commitsa burglary or carries a lethal weapon to steal or pick pockets shall besentenced to imprisonment of not more than3years, criminal detention orcontrol and/or a fine.”Faced with the growing changes in the social life andintense public safety, commits a burglary or carries a lethal weapon to stealor pick pockets have do harm to the public and private property securityseriously. Therefore these three actions above are directly incorporated intothe criminal law, and there is a big difference to the legislative model withonly the amount of the theft conviction. The new regulation has reduced thestandard of theft conviction, and expanded the scope of the fight againsttheft, so we can say it is necessary to penalize the theft with weapon.However not only the rationality of the legislative structure is worthy of thedoubt, but also we should take attention how to apply this regulation andinterpret the meaning of “carry” and “weapon” in the judicial practice.Before the promulgation of the relevant judicial interpretations, this paperwill discuss “the theft with weapon” preliminarily.This paper divides into5chapters. The first chapter has mainlyintroduced the necessity and doubt to penalize the theft with weapon. Thesecond chapter has analysed the character and the unfinished criminalsystem of the theft with weapon. The3thchapter interprets the meaning of“carry” and “weapon” in the theory and judicial practice. The4thchapterhas analysed other questions that we should notice about the theft withweapon in the judicial practice。And the last chapter put forward thesuggestion on legislation and jurisdiction by comparing the legislation of ancient China, and other countries or regions.