Special Theft Behavior Research

2011"criminal law amendment (8)" on the1997penal code provisions of larceny made an important revision. In addition to based on the position of the death penalty and cancel the theft of the death penalty, more particularly striking is, will the theft from the original sin in case the provisions of the two kinds of increased to five kinds:theft if the amount is relatively large, multiple theft, a burglary, carry weapon theft and pickpocketing. A large amount of theft is stealing common behavior type, after four is stealing special behavior type. From the perspective of judicial application, how to define the four special behavior type, master relevant conviction standard, then became an important problem to be solved urgently. This paper is divided into six parts:The first part of the larceny revision trajectoryThis part introduces the larceny such a crime in China’s criminal legislation appear of several revised, and made it a few times revised as the main line, to set up the revised larceny macroscopic understanding and the preliminary understanding. The revised to theft may appear some worth studying problems were roughly introduced, for the next five research larceny behavior reserve basic theoretical basis.The second part of the multiple theft problems related to defineThrough the "multiple theft" of the "time","multiple theft place" and "multiple theft" and large amount of relationship between the definition of the related problems, an accurate grasp of the behavior into sin standard understanding, so as to achieve the judicial practice interested readers can be recognized the standard.The third part of a burglary related problem definitionThrough the "a burglary" of the "family","a pattern of behavior" and "a burglary" accomplished and other issues were discussed, especially for "door", the paper analyses the dispute, trying to the above contents have a correct understanding, and puts forward some reasonable Suggestions.The fourth part carry weapon theft problems related to the definition Through the "carry weapon theft" of the "weapon","carry weapon" and "carry weapon theft" accomplished problems such as analysis, promotes practice point of view, in order to accurately grasp the "carry weapon theft" determination standards.The fifth part pickpocketing related problem definitionThrough the "steal" the place characteristic and the object characteristics and other related problems are analyzed, in order to grasp the nature of "steal", through the "steal" and if the amount is relatively large, the relationship between the multiple theft article "steal" concrete determination standards.The sixth part four behavior sample state of mutual relationsThrough the larceny four behavior sample state relationship between to carry on the analysis, and discusses four kinds of behavior and sentencing circumstances, the relationship between the judicial practice to put forward the reasonable suggestion can be interested readers.