A Dissertation On New Larceny Theft Behavior Of Its Comprehension And Utility

In the past ages of China, the government has attached great importance to hitting larceny, and takes the larceny theft as the first type of crime under their domination. Since the establishment of new China, we keep our traditional attitude about larceny theft. Entering the new times of reform and opening-up, commits burglary, steals or pickpockets with a lethal weapon bring heavily threaten to publicly-owned or privately-owned money or property and citizen’s personal safety. According to the above elements, Amendment Ⅷ to the Criminal Law of the People’s Republic of China has been modified for theft, and it abolished the regulation of death penalty for theft. Whoever steals a relatively large amount of public or private property, or commits theft repeatedly, or commits burglary, or steals or pickpockets with a lethal weapon, shall be sentenced as the new crime of larceny. The new theft behavior is defined as criminal which reducing theft incriminate threshold, expanding the striking range of theft crimes, and also is useful to the protection of publicly-owned or privately-owned money or property and citizen’s personal safety. However, the Amendment Ⅷ to the Criminal Law did not issue the amount limit to these three kinds of new act of theft. Although the Supreme People’s Court (SPC) and supreme people’s procuratorate’s interpretations about dealing with larceny theft cases law issues which made the final definition concerning commits burglary, steals or pickpockets with a lethal weapon, the uncertainty of some factors is directly affect the definition of the act of new larceny theft. Amendment VID to the Criminal Law and the judicial interpretation did not stipulate amount limit as the crime standard of the new theft behavior. Shall people consider the crimes of the new theft behavior do not have any amount limit? According to the above issues, this paper is divided into three chapters. The first chapter elaborates the back ground of the new theft behavior which is defined as criminal. Therefore, whether the act of new theft is be sentenced in any case exists a huge controversy and confusion in judicatory practice. The second chapter, investigates the special regulations about larceny of German, UK, USA’s Criminal Law, then analysis the factors which influence the act of new theft. The third chapter, discusses the significance and necessity about the amount limit against the new theft behavior, and provides my own opinion.