Research On Several Problems Of The Crime Of Theft

"Criminal law amendment(eight)" thirty-ninth of the theft be modified, one of the important content is to be a burglary, theft, theft of carrying weapon to carry out the revisions of the crime of the provisions, and is not affected by the amount, thus expressed by the original amount of theft and theft of two times larger counts for the mount type and the amount of theft of two categories of five kinds of situations: one is the theft of public or private property, the larger the amount; two is the number of theft; the three is a burglary; four is the lethal theft; five is a pickpocket, expanded the larceny strike range.In this paper the amount and non amount to steal two big class five theft situation from the perspective of theory and practice, discusses the key reason for non theft crime of amount and the judging standard in the judicial practice, aiming at many problems arising in practice, analysis of several thefts in the concept and definition of many times in the new situation of theft, burglary theft penalty under the scope of the family; burglary and concepts, and the distinction between direct and indirect household behavior household behavior is different; the scope of weapon carrying weapon theft and identification; grilled theft need through the analysis of the behavior characteristics to recognize the nature of its behavior. At the same time with the accomplished offense standard our country "theft" as the basis, the amount of accomplished offense standard analysis and non amount of theft. In view of the judicial practice in the non existence of the amount of theft in the sentence the question put forward ideas of solving method.