Try To Talk About The Typical Behavior Of Larceny

"Criminal law amendment (eight)" for theft made changes significantly, in the traditionalway of theft, added a burglary, theft crime with lethal weapons, and concludes three types ofbehavior, changes in the connotation of theft has occurred many times."Criminal lawamendment (eight)" amount cancelled four typical behavior, reduce the theft of criminalizingthreshold, so only to the behavior of the different types of stealing is accurate and reasonablelimits, to prevent improper expansion of crime circle. In addition, because itself is difficult tomake up for the defects, the traditional "secret theft" inevitably fell into dilemma is, instead,say "peace" means. How to reasonably explain theft behavior typical connotation, theoreticaland practical circles is put in front of common tasks. Typical theft way to do this, the authortries to make in-depth comprehensive study, try to complete the theft of accurateinterpretation.This article is divided into six parts, a total of27138words.Part1, the author with larceny theft behavior as the breakthrough point, according to thetraditional theory of criminal law said "secret theft" interpretation "steal" the connotation of"secret theft", only to cover "brazenly stealing". By discussing "secret theft" theory of defectand the suitable situation, put forward "peaceful means said" comparative advantage.Distinction between theft and other crimes of the most essential feature lies in its peaceful andnon-violent means.Part2,many theft that "many times" in more than three times (including book), a separateany theft cannot achieve large amount of the amount of income from the property are standard,but many times the sum of income from the property theft at or near large amount. Number ofjudgment, want to have as a standard, namely the violation of a possession of propertyindependent of the others theft as a theft. When multiple theft behavior violation of possession,according to steal behavior and the number of coincidence to identify theft.Part3, the infringement of a burglary is double legal interests, namely citizen’s propertyrights and housing security, household purpose of illegality is the key to judgment establisheda burglary."Door" is not the content of the theft, but only limited regional scope of larceny.Part4, hand carry in the theft theft should be limited to embarked on stage, according tothe general social concept has certain damage crime tool could also be regarded as a weapon, behavior person to hand the objective facts have a clear understanding, subjectiveconsciousness "to use or plan to use". Theft in criminal law will carry a weapon as crime oftheft, it illustrates the theft of peaceful and non-violent crime with lethal weapons.Part5, the pickpockets in public places must be able to place features and others carryproperty of the object, not secrecy as necessary to carry a weapon is not qualified forpickpockets. In judicial practice, the proviso clauses shall strictly apply.Part6, the intersection of theft behavior cognizance question, stealing five behavior istied for does not contain the independent relationship between multiple superposition of theftbehavior should be taken at the same time, belong to the "other serious circumstances" or"other especially serious circumstances", apply to the corresponding legal punishment.