On "Carrying" Of Carrying Lethal Weapons To Steal

The act of "carrying lethal weapons to steal" has been taken as crime of stealing in Criminal law amendment(Ⅷ), just because this kind of act, not only infract property right, but causes harms to relative person’s personal safety."Carrying lethal weapons to steal" should consists two factors—"carrying" and "lethal weapons", and the time should be from the stealing act begin to end. In law, the meaning of "carrying" is taking something in the body or near the body, to keep the thing being the status of under the reality control;"carrying" is one kind of status, not act. According to the principle of the unity of subjective and objective, to grasp the essence of "carrying", there should be two aspects------subjective and objective:in the subjective aspect, we should grasp the subjective purpose and the subjective understanding of the perpetrator; in the objective aspect, we should grasp the essential characteristics of carry, such as dominate, harmfulness, reality and disable. The extensions of "possess" is bigger than "carrying","carrying" is only one of the special statuses of "possess"."Carrying" is not limited to "carrying on body". Comparing the "carrying" of "carrying lethal weapons to steal" to the "carrying" of "carrying lethal weapons to snatch": the former isn’t legal fiction, but the latter is. To identify "carrying" exactly in judicial practice, we should strictly in accordance with the essential characteristics of "carrying".