The Research On New Style Theft

Theft has a long history and it occupies an important position in the judicial practice. In recent years,In recent years, a surge of such a crime, not only seriously undermined the citizens’ rights, but also for thepersonal safety of citizens, Eight of the Criminal Law Amendment laws and regulations prior theftconviction required by the standard, leading to a single value of the case does not meet the crime convictedcriminals can only be given a standard order punishment, unable to form an effective deterrent to criminals,which makes them no the fear, frequently committing the crime, but also affected the judiciary to fightcrime with the theft of enthusiasm, requiring criminal law be reasonable adjustments to safeguard andimprove people’s livelihood.The section39of the the criminal law amendment of eight Article264in the Criminal Codeprovisions, including this one, on the basis the two patterns of behavior "multiple theft" theft "theft ofpublic or private property, a relatively large amount" and above, increased burglary, pickpocketing and theftof three kinds of behavior to carry weapons, these three provisions to increase theft larceny new behavior.April3,2013, the Supreme People’s Procuratorate issued "on the handling of criminal cases of theftinterpretation of the law applicable to a number of issues" in order to form a clear judicial interpretation ofthe burglary, pickpocketing and theft carry the connotation of the weapon.In order to combat the theft crime accurately, criminal law protection function to achieve the unityand security functions, the paper now,"burglary","Lethal Weapon theft","pickpocketing" understand andapply these three new judicial practice encountered theft crime to discuss legal issues and research to moreaccurately grasp the essence of theft, and a new judicial interpretation of the legal issues related to theinterpretation and explanation.The article is divided into three parts to analysis theft crime novel from the legislative and judicial Thefirst part is the summarize of new crime of theft and background-incrimination of legislative Introduces theorigin and definition of the theft crime’s new concept, feature and constitutive elements. The second part isdivided into three parts to analysis and discuss the three kinds of behavior, define the content, the practicalneeds of incriminate. The last part of the article is to analysis the case in judicial practice then get this conclusion: It is not appropriate to make all the behavior be crime. If the severity of the proposed new theftof all incriminating criminal law will lead to boundary ambiguity, conflict with the relevant provisions ofthe public security administration punishments can therefore be considered as limiting the amount of suchcrimes set, and the circumstances of the crime as the conviction and sentencing of and based on an analysis,and then put forward a sound idea based on the lack of legislation exist.