Stealing Some Problems Analysis And Legislative Suggestions

As an ancient crime, theft has gained widespread attention since its emergence. And criminal law scholars pay a lot attention to the theory and practice of it. So far, there are still many conflicts on the research of theft in both theoretical and practical areas. The eighth amendment of the Criminal Law raises new problems of theft. Theft is a typical representative of crime of violation of property. There is no doubt for its universality. The research in theory of theft has lasted for many years. However, there’re still some conflicts which are not unified yet. The analysis of the present and old of the theft is not only breakthrough in theory, but also an important milestone in practice. The39th of the eighth amendment of Criminal Law is the opportunity of this essay. As a new adjustment, theft then changes. There are four parts chapters in the essay. The first chapter introduces the present legislation and judicial interpretation, it’s the introductory part. The second part lays the theoretical basis of this essay by analyzing the composed elements. The third part raises the issues of theft which are urgent to tackle. The forth part is the legislative suggestions of the author. The most prominent characteristic or innovative point of this essay exists in the analysis of the new problems raised in the39th of the eighth amendment of Criminal Law on the basis of the discuss of the existing disputes existed in theft. This essay mainly focus on the determination of the definition showed in39th of the eighth amendment of Criminal Law, such as "Pickpocket","indoor theft", and "multiple acts of theft", etc.. The accomplished offense, the composed elements of crime, and sentencing of the mode of behavior are also fully discussed in this essay.