The Theory Of New Type Of Theft Of Judicial Cognizance

Theft crime is a kind of ancient crime, the criminal law as a property crime important regulation object. Theoretical point of think theft belongs to typical results. "Criminal law amendment(eight)" will be added a burglary, theft crime with lethal weapons, pickpockets and the amount of theft, theft and many times larger in sin, and the three kinds of behavior constitute theft without amount limitation, which not only greatly expanding the punishment scope of theft and make the result of the theft belongs to produced impact on the traditional theory of cognition, behavior made ideas began to rise. These three new theft behavior independence into sin, really tight theft criminal laws, fill the gap penalties. But because the theory and practice of the three kinds of behavior and the nature of behavior according to the interpretation of their positions, resulting in the judicial practice does not have a relatively complete uniform standard, difficult to judicial practice activities. Based on the theory and the latest judicial interpretation about the theft, on, carrying a weapon a burglary theft and pickpocketing respectively from two aspects of theory and practical judicial identification, the analysis of this new crime of theft.This article writing more than fifty thousand words, except the introduction and thanks, body content consists of four chapters.The first chapter is to blanket the increase of three kinds of theft, based on the theory of result has no value, it is concluded that a burglary, carrying weapons theft and pickpocketing behavior belongs to the results make a conclusion.Second Zhang Wen Zhang chapter 2 to comprehensive analysis and grasp of a burglary, behavior and made comparisons were made theory, the "home" in a burglary identifying range make theory, adhere to the "closed" and "life" on the basic characteristics of the thought of "family" should be expanded explanations; For illegal entry of a burglary on objective analysis, this paper argues that the illegal purpose is not limited to theft but purpose and property crime purpose, but should be extended to all illegal and criminal purpose, it also conforms to the trend to enlarge the range of larceny punishment; Has been clear about the specific criteria for "home" in the judicial practice; On the relationship between the "household" behavior and theft behavior cognizance, denied in combination with the conclusion of crime, involved crime, and absorb the crime; Attempted to objective theory and control said was attempted to the start of a burglary in question to make decision, its accomplishment achieved a contravenor is still worth the property of the criminal law protection is necessary.The third chapter in the hand of theft, the "weapon", "carry" these specifications through theoretical analysis, the constitutive requirements of elements and draw in the judicial practice in the specific decision criteria, the "weapon" and "crime tool" to the relationship between; To carry a weapon attempted theft of hands and both decided that the reference to a burglary.The fourth chapter is the judicial cognizance of pickpocketing, through theoretical analysis, think that "public" is not a pickpocket itself should be, where pick-pocketing is divided into public and non public, just happens in public places of pick-pocketing deserves criminal penalty. In this chapter for pickpockets conditions conducted to clarify the structure of sin, the components of the specification of them elements "in public places", concrete of pick-pocketing violation of law can be divided into personal law and social law. Draw pickpockets as and hand a burglary theft theft, violations of the dual legal interests. Said in the end make and control position of pickpockets and criteria to judge is attempted.