Theft Crime Amendment Of Criminal Law Application And Thinking

Theft is a crime of crimes against property in the Criminal law inour country.It has always been severely hit in history. After the foundingof new China, for special reasons, it had not been formally formulatedin the Criminal law until1997. But because of the shortages of thelegislative experience at that time and the effective of “appropriatethick should not be fine” legislative thought, the provision of the Theftis not so perfect. With the rapid development of society, the regulationat that time has not applicable to the increasingly rampant crimes. So,The Criminal law amendment for VIII Theft has been modified. It can besaid that this amendment on Theft prevention and control has certainsignificance. But at the same time, the phenomenon of pan-punishment,repeat evaluation does not be coordinated. In order to precisely definethe related concepts and grasp this crime in the judicial practice use,this thesis applies the theory of criminal law, combines with our existinglaws, regulations, judicial interpretations and criminal policy,organizes the empirical analysis and data analysis, to morecomprehensively elaborate the modification and application anduncoordinated thinking of the crime.This thesis is divided into three parts on the body to discuss thenewly increase about the Theft.The first part is modifying the Theft crime.This section is divided into three sections. First introduce the Theftcrime harmful effects, then introduce the change about crime of Theft in China’s criminal law, finally summarize the value of the modified Theftcrime.The second part is the application of the modified Theft crime in theCriminal Law. In this part, there is a more detailed exposition of themodification of Criminal law, namely the burglary, carrying weapon theftand pick-pocketing is formulated in the Criminal Law. This part is dividedinto3sections to discuss the related judicial cognizance of the newchanges. The first section is about the statement of a burglary judicialrecognition, it involves the cognizance of the home and home theft. Thenmake a cognizance about the situation of carrying the weapon to plunder,namely the murder weapon and carry a weapon is identified in the Theft.Finally, the relevant judicial cognizance of pick-pocketing is discussedin this paper.The third part is the deep consideration of the modification of theTheft crime in Criminal Law.Based on the above two-part exposition, concludes that the new changeshas brought to the judicial practice, such as expanding the scope ofcriminal liability, increased legal costs and social costs, and so on.Accordingly, we should to table some judicial interpretation to perfectthe crime of Theft. In summary, the thesis discusses the criminal law tomodify Theft incongruity in the first section, and then to reflect on thelack of coordination, put forward the perfect opinions in the lastsection.