The Research Of The Accomplished Pattern Of The Special Type Of Theft

Criminal law amendment (eight) which put into effect on May 1,2011 has modified and completed the basic charges of theft, it has added three types of theft behavior "a burglary, theft crime with lethal weapons, pickpockets". At the same time, the dispute in the criminal law educational world about whether the crime of theft composed of "a burglary, theft crime with lethal weapons, pickpockets" belongs to consequential or behavioral offense has never been stopped. This article begins with the definition of the concept of special type of theft, in order to clear the main body that we will discuss in this paper. Then we will expound the standard and the types of the accomplished pattern of crime, then point out the loopholes and defects of the theory that support the special type of theft belongs to consequential offense. Finally on the basis of this, the author will demonstrate the exactness of the view that special type of theft belongs to behavioral offense from two aspects:legislation and judicial. The full text is divided into three parts:The first part expounds the specific connotation and extension of special type of theft. The main body of this paper to explore is the special type of theft, it is supposed to define the body’s basic connotation of this paper. Then the author will analyze the three behavior forms of special type of theft. In order to define the extension of special type of theft, at the end of the first part, the author will define the concept of ordinary theft, and analyze the difference between the special type of theft and the ordinary theft emphatically.The second part of this paper connect the special type of theft with the theory of the accomplished pattern of crime. Firstly, the author will expound the standard and the types of the accomplished pattern of crime; secondly, the author will introduce the dispute about the special type of theft, In order to play a basic role.The third part is the focus of this paper. This part expound the view that the special type of theft belongs to behavioral offense form both sides. First of all, the author will point out the loopholes and defects of the theory that the special type of theft belongs to consequential offense from the reverse side. Then the author will expound the theory that the special type of theft belongs to behavioral offense form the positive side. In the legislative, the special type of theft is defined as behavioral offense accorded with the legislative purpose of lawmakers. In the judicial level, the special type of theft is defined as behavioral offense makes help to guide judicial practice.