Study On The Identification Of Theft With Weapon

May 1, 2011 on wards the implementation of the "the people’s Republic of China Criminal Law Amendment case(eight), three new "Non amount" namely "Burglary"," carry weapons theft "and "pick pocketing" were increased to the crime of theft. Since "criminal law amendment(eight)" implementation of more than four years, in the judicial practice for the three new larceny produced some understanding and application problems, such as due to different understanding of legal provisions and the emergence of "sin" and "innocence", "this crime" and "other crimes", the forms of the crime(accomplished or attempted),"crime"(combined punishment for several crimes one crime or heavier) identified disagreement. On the "amount" and "nonamount" of the overlap of the act of how to apply the sentencing range(also known as the statutory sentence level), the opinion is not uniform, etc. In order to solve these bifurcation points, this paper selects the "carrying weapon theft", which is a new kind of theft crime as the visual angle, combined with the specific judicial practice decision, arrangement, reflection on the related difficult problems, and expounds the author’s cognizance of the crime of understanding and opinions on the application, in order to apply this crime accurately in the judicial practice in the future.In this paper, the author through the way of asking questions, to unfold the cognizance of "carry weapon theft". For example, the first chapter mainly discusses the understanding of "carrying" and the identification, including the meaning of carrying, the time to carry, the way to carry, whether to carry the meaning of the use of people with the meaning of the use of such content; The second chapter mainly discusses the cognizance of "weapon", including the weapon type, crime tool is the judgment method of weapon, "carrying weapons theft" in the "weapon" and "snatching with lethal weapon" in the "weapon" connotation and extension are the same; The third chapter mainly discusses the "carrying weapons theft" of crime, the main argument is the special theft existence form of attempted crime and accomplished the judgment standard; The fourth chapter mainly discusses the problem of "conviction and crime of theft with lethal weapon". These problems existing in the existing legal provisions(including the judicial interpretation) are not clearly defined, the need for scholars and judicial practice to further explore and determine.