The Studies Of Special Theft Crime

Since 1997 criminal law "multiple theft" into sixty-four deemed to have committed since, in some extent, "only the amount of" traditional single conviction of theft crime patterns have impacted, with May 2011 Criminal Law Amendment into force from the 1st of August will be "burglary", "carrying the weapon theft", "pocketing" the three basic types of crimes included theft larceny, is larger and the amount of four new mutual behavior independent, parallel to each other, to overturn the conviction and sentencing of a single crime of theft mode. This creates four special acts committed theft crime is committed or the results of the debate, and "amount" in the special status of this element of the crime of theft. But in judicial practice, judicial practice is not consistent with the relevant judicial interpretations to make a clear explanation for this, resulting in infinite expansion theft crime ring, generalization tendency serious penalties. Therefore, in order to suppress the unlimited expansion of the scope of punishment for theft, the paper combines theory and judicial practice, in terms of conviction, a clear explanation of special type of crime from theft crime belongs to a special position in the amount of theft crime, the conviction of the three aspects of the analysis model, then from the point of view of the judicial practice of sentencing issues were discussed, in order to make a special balance of crimes of theft crime.This paper is divided into five chapters. The first chapter outlines the concept of special theft crime, the type and legislative changes,The second chapter discusses the crime of theft of a special issue of their type, because of the criminal law theorists have committed acts committed with the results of the points, the traditional result of theft crimes are committed without a doubt, but for the purposes of the special crime of theft, criminal behavior and the presence of The results of the theory contend guilty. I believe that by demonstrating exceptional result is still a crime to commit theft category, and then convicted pattern of unsolved crimes of theft and special "amounts" in a special position to find a breakthrough in the crime of theft.The third chapter of the identified specific patterns of theft crime conviction to proceed, and then special particularity theft crime and the "amount" status in the special theft crimes were discussed, with a view of the special theft crimes reasonable limits, reduce theft, criminal law the crime of attack, truly protect both human rights and the fight against crime.The fourth chapter is analyzed from the perspective of the sentencing of some of the problems existing in the judicial practice, try to resolve the amount of the special role of theft in sentencing, as well as theft of a judicial practice special issue of how to deal with competing.