Analysis Of Some Problems About The Law Of Theft

Theft is considered as one of the most common property-embezzling crimes. With t he continuous development and progress of society, the forms of theft present a more co mplex and diversified tendency, which will not only represent a serious threat to the per sonal and property safety of citizens as well as social order and security, but also cause c omplex and difficult problems in judicial practice. For the five ways of theft, that is "the relatively large amount", "repetitious theft", "indoor theft", "theft with lethal weapon" and "pickpocket" which are classified as independently convicting act of theft. Variation s of protection of legal interests, comprehension of concrete words of behaviors and viol ation or attempted act should be taken into intensive inquiry and thinking so as to not on ly achieve the affect of avoiding Subjective incriminate and indulgence of crime, but al so apply law correctly, punish crime accurately .This study is divided into five parts. The first part:expounds type of Larceny conviction mode and analyze the characteristics of different types of theft conviction mode. Because the particularity of theft conviction in China, Which by both single-mode and dual-mode mixed. The author summarized to the current mixed conviction mode,and formed a clear type which contrast to identify the characteristics of Theft convicted mode in China. The second part:stealing the concrete analysis of interests. In this part the author mainly analyzes the three kinds of new type of theft by the infringement of legal interests. In addition to the brief introduction of the traditional embezzlement infringes upon the legal interests, for because of the new type theft makes legal interests may change in the situation are analyzed. The third part:the definition of theft behavior type. After this part is to modify the theft of five types of behavior analysis. Among them to modify the existing "theft" many times before and "relatively large" briefly introduces two types of behavior, and will increase the paper focus on the new "three types of analysis, combined with the latest judicial interpretation, analysis of its semantic understanding, aswell as how to apply on the judicial and define a serious inquiry.The fourth part:This part is mainly for special type of theft to attempted and accomplished, standards and to distinguish the study.The fifth part:mainly discusses the new type of three kinds of theft possible problem in the judicial practice, focus on the new type of theft at the same time breaking several basic charges, shall be convicted whether type and administrative punishment and criminal punishment of corresponding problems.