After The Purposes Of The Amendment To The Criminal Law Of (Eight), Analyze The Applicable Problem Of The Theft Charges

Since ancient times, the theft as a crime against property, is very concernedabout by the community. China’s "Criminal Law Amendment (h)" into effect fromMay1,2011, has spent nearly two years. In addition to the abolition of Theft thedeath penalty, it will remove pocketing, with lethal weapons theft, household theftfrom general theft act and become the new theft counts. The new countsmodifications certain extent, solve some long-term judicial practice, but at the sametime also brought a lot of new challenges to the practical application.Three counts of theft increased in this amendment. Among these, which makesTheft pick pocketing into punishment of theft from the amount of criminal towardbehavior of criminal, reducing the threshold of the incriminating leads to overdraft ofjudicial resources, pick pocketing behavior interpreted as carrying lethal weaponspick pocketing can effectively solve the above problem; with lethal weapons, there isa lot of confusion in the process, cause identified codefendant different sentence, theauthor will analyze with the identification of the "weapon", identification of "carry"as well as the human subjective purpose three perspectives; home theft is similarwith Carry lethal weapons theft, due to the blurring provisions of the law, the authorwill analyze the identification of the "residence", identification of "into" andidentification of others. The progress of the administration of justice is not only reflected in themodification of this time and time again, is also reflected in the modified time andtime again in the interpretation and practical application of the process. Make theoryto judicial practice, in order to reflect the amendments to the Criminal significance.