Research On Some Problems In Judicial Cognizance Of The New Types Of Theft

Amendment VIII to Criminal Law has been formally effective since May 2011, Amendment VIII to Criminal Law modified the provisions of the crime of theft, three new types of theft including burglary, pickpocketing, carrying weapons theft are written into the criminal law, it is undoubtedly a major breakthrough for the past in amount or circumstance as theft crime constitution elements, also impacted the traditional judicial practice. Household, Pickpocketing, Lethal weapon, Carrying used in criminal law, because its meaning is too broad will produce different understanding, how to identify Household, Pickpocketing, Lethal weapon, Carrying and other non legal concept, the lack of a unified, specification standard, increase the difficulty and uncertainty of judicial cognizance, also for how to cognizance the standard of unaccomplished crime and accomplished crime of theft, how to cognizance the unaccomplished crime of theft, how to cognizance the minor crime of theft, differences in judicial practice are also more. In the article, the author summarizes the previous changes and adjustments of the crime of theft, and analyzes why the new types of theft written into the criminal law. Then the author discusses the judicial cognizance of new types of theft in judicial practice from five aspects, including the judicial cognizance of pickpocketing, the judicial cognizance of burglary, the judicial cognizance of carrying weapons theft, the judicial cognizance of the standard of unaccomplished crime and accomplished crime of new types of theft, the judicial cognizance of the unaccomplished crime of theft, the judicial cognizance of the minor crime of theft. I think, in the judicial cognizance of pickpocketing, the pickpocketing property should be within the scope of the victim, the pickpocketing location should be open and social activities in space, the large flow of people is not the essential characteristics of the pickpocketing location; in the judicial cognizance of burglary, deceive others enter the room and use tools to steal indoor property can be identified as illegal residence, the household in the burglary contains four basic characteristics, and that the atypical residential buildings can not be identified as household, because it does not accord with the characteristics of household; in the judicial cognizance of carrying weapons theft, carrying tools of crime can not be identified as carrying weapons theft, it should be concrete analysis of specific issues, carrying should be placed around and can use freely, and do not need to be used, display; in the judicial cognizance of the standard of unaccomplished crime and accomplished crime of theft, actual stolen property or infringes upon the domestic tranquility right can be identified for burglary accomplished, unaccomplished crime of new types of theft cases should be intensified the crackdown; in the judicial cognizance of the minor crime of theft, can not be held criminally responsible of all cases, it should be judged based on the specific circumstances of the cases. The author hopes that through the full-scale research on new types of theft, can correct understanding and grasping the conviction of the new types of theft in the judicial practice, achieve real justice, realize the function of criminal law to punish crimes and protect human rights.