Research On Newly-augmented Behavioral Patterns Of Larceny

With the development of economy, in order to adapt to the change of the larceny,maintain the social peace stability and protect the citizens′rights to property,the“Amendments to the Criminal Law of the People’s Republic of China (eight)"(hereinafter referred to as the" Criminal Law Amendment (eight)") to modifies thetheft,"Burglary","Carry weapon theft"," Pickpocketing " are formally written in theCriminal Law. Although the "multiple theft" has new meanings after the amendment,it has already been written in the Criminal Law. Therefore, the “Newly-augmentedBehavioral Patterns of Larceny” include "Burglary","Carry weapon theft" and "Pickpocketing ". Although these crimes are written in the Criminal Law, there are sofew system detailed studies or provisions about them that there are lots ofcontroversials in understanding them and how to use them in judicial practice. Thispaper intends to make some tentative and innovative discussions about the“Newly-augmented Behavioral Patterns of Larceny” using the definition method,comparative analysis, case study method, and combining theory with practice method.There is an overview before respective discussion.In addition to the introduction, this paper is divided into five parts, the maincontents are as follows:The first part, an overview of the “Newly-augmented Behavioral Patterns ofLarceny”. According to the" Criminal Law Amendment (eight)”, this paper definesthe “Newly-augmented Behavioral Patterns of Larceny” as:"Burglary","Carryweapon theft" and "Pickpocketing"; Comparing to the provisions of the before Theftbehaviors, the “Newly-augmented Behavioral Patterns of Larceny” have new features:There are not provisions of number of times and amounts; Transform the non-criminalterms into criminal terms; Reflect the strict intentions of the legislators against Theft.The second part, understanding and identification of "Burglary". On the basis ofdemonstration of necessity and reasonableness to "Burglary" crime, this paper definesthe "household" in the "Burglary" as the safe place that can provide individualsprivate life; Defines the “into” in the "Burglary" as the body of a person or the enough parts of the body into the "household", and this kind of “into” facilitates theimplementation of theft;"Burglary" exists unaccomplished offence, and the standardof accomplishment is that the person has stolen property protected by the CriminalLaw.The third part, understanding and identification of "Carry weapon theft". In thefoundation of analysis of the domestic and foreign theories about “weapon” definition,this paper puts forward the judgment about “weapon” in "Carry weapon theft" isbased on standard that in the specific circumstances the “weapon” make personproduce general social accepted danger sense; Puts forward "Carry weapon theft"should be a unity of the subjective and objective scope, in which the objective aspectscan be both exposed type of carry and concealed type of carry, but either way of“carry”, in the form of "Carry weapon theft", should not be a type carry which thevictims percept and the thef using the perception. The subjective aspects contain“carry weapon” to use simply on things not on person, and not requiring the thef hasthe intents to use the “weapon” on person at any time; Defines the time point of“carry weapon” is in the implementation of behavior; To "Carry weapon theft" butnot obtained any property is treated as unaccomplished offence, but there is notnecessities that consider all of them as crimes.The fourth part, understanding and identification of " Pickpocketing ". On thebasis of demonstrating the necessity and rationality for treat the pickpocketing as acrime, this paper defines the pickpocketing as: For the purpose of illegal possession,secretly steal others’ carry belongs in public places. The establish conditions include:"take place in public places",“steal others’ carry belongs”,“steal roperty protected bythe Criminal Law”; Pickpocketing is not a behavioral crime, no limit to the numbe oftimes; Pickpocketing exists unaccomplished offence, but there is not necessities thattreat all of them as crimes.The fifth part, reflection and suggestion to the legislative amendment to the“Newly-augmented Behavioral Patterns of Larceny”. This paper treats the amendmentrationally with the “relative rationalism”;Puts forward rough suggestions aboutjudicial interpretation of “Newly-augmented Behavioral Patterns of Larceny”.