Study Of The Newly Added Behavior Types Of Larceny

Criminal Law Amendment(8) has improved the standard of the crime of theft.The frequent practices of “burglary”,“theft crime with carrying lethal weapon” and “pick-pocketing” three kinds of acts should be identified as crime of theft and shall be convicted and punished.The crime of theft has been under an increasingly grim situation. “Burglary”, “theft crime with carrying lethal weapon” and “pick-pocketing” three kinds of acts added into Criminal Law have an urgent and practical significance.It fully reflects the Criminal Law’s special protection to the domicile of citizens,personal security and property security.It will solve all kinds of obvious problems in the judicial practice better.The behavior that break into a house illegally which is relatively isolated and in which lives a family,shall be regarded as “burglary”.The explanation of a “house” should be analyzed from the living right of peace, which is under the protection of “burglary”.The illegally purpose of theft is not necessary before the perpetrator break into the house or he is breaking into the house.Breaking into a vacant house and stealing should be regarded as burglary,too.Instigating or helping others to do the burglary will be identified as the accomplice of “burglary”.When determining the “starting” of “burglary” should be established on the principle of legal interest infringement,the accomplished offense should include objectively behavior of the burglary,subjective of the burglary on purpose and also consider the value of stolen property.“Burglary” could be transformed into illegal housebreaking or robbery under certain conditions.The word “carrying” in “theft crime with carrying lethal weapon” demands for perpetrator’s subjective carrying on purpose,placing lethal weapon in the disposable range,without expressing or implying to the victim.“Lethal weapon” not only include those prohibited appliances but also objectively dangerous goods for others’ health.Two or more persons implemented with lethal weapons together should be identified as accomplice of the “theft crime with carrying lethal weapon”.The accomplished of “theft crime with carrying lethal weapon” is implementing the act of theft with carrying the lethal weapon objectively and intend to use the lethal weapon subjectively.“Theft crime with carrying lethal weapon” could be transformed into illegal housebreaking or robbery under certain conditions.Because of the essential difference between “possession” and “carrying”,“theft crime with carrying lethal weapon” could be identified as illegal possession of firearms and other holders of the class of crime under certain conditions.Perpetrator stolen a “large amount” of the property with carrying lethal weapons, shall be in accordance with the general identify theft, carrying lethal weapons should be considered as the plots of the theft.“Pick-pocketing” has the following natures,the specificity of time and space,the object of theft are portable,over openly behavior characteristics.The behavior of pick-pocketing with lethal weapon should be defined as “theft carrying lethal weapons”, but “pick-pocketing” should be considered at the time of sentencing.When determining “starting” of “pick-pocketing” should consider both objective consideration of the behavior and the subjective intent,accomplishment is also judged by the value of the pick-pocketing property.“Pick-pocketing” can’t set up a separate theft crime,but if it can constituted as “multiple theft” then it will be identified as “multiple theft ”,“pick-pocketing” could be considered as the plots of the theft.It is too one-sided that consider all kinds of pick-pocketing should be convicted.Lowering the threshold of convicting of crime of theft and handling three non amount kinds of theft as crime,meeting the strict requirement of temper justice with mercy of criminal policy,it will be helpful to curb illegal and criminal behavior.But,“not severe” should be asked on sentencing at the same time,in order to avoid the “pan punishment” and “abuse of punishment”.