| In the period of rapid development of social economy, China’s per Capita income has greatly improved, the standard of people’s living improves gradually, and the crime number of "burglary","theft of carrying a weapon","pick-pocketing" also increased significantly, the social harm is also growing, the processing way of administrative punishment has not to effectively curb this kind of crime. Article39of the Criminal Law Amendment (VIII) based on the article264of the China’s criminal law provisions that the two kinds of behavior that are "large amount" and "stole many times", and increased three behavior of "burglary","theft of carrying a weapon""pick-pocketing", these three kinds of theft increased independent behavior for theft. Compared to the unmodified crime of theft, we can call the three kinds of theft that are increased in the Criminal Law Amendment (Ⅷ)"model of theft". In April3,2013, the Supreme People’s court, the Supreme People’s Procurator ate issued "on the handing of the law applicable to a number of criminal cases of theft of interpretation," defined the "burglary"," theft of carrying a weapon " and "pick-pocketing", but in judicial practice there are still some problems worth analysis. It should be said, the model of theft is one of the major revision of the Criminal Law Amendment (Ⅷ) for the theft. Theft is a type of most high crime in the world, our country will be enlarge the convicted range of theft, will also affect the establishment of the crime of theft.This thesis is divided into four parts to analysis and discussed the controversial issues that about the model of theft in the judicial practice. The first part introduced the legislative background, crime situation and practical significance of the model of theft, is the summary of this thesis. The second part is the foundation of this thesis, the problem is put forward in this part, through introducing the relevant of typical cases of the model of theft, expound the controversial issues in the judicial practice, which leads to many disputes in theory, laid the foundation for the next step of the discourse analysis. The third part is the core part of the thesis, through the controversial issues discussed, analyzes and discussed issues of the model of theft exists in the judicial practice. The fourth part is the conclusion of the model of theft in the controversial issues of the judicial practice, put forward the legislative and judicial suggestions. |
