The Studying Of Some Issuses On Thefty Of New Types

In Amendment(VIII)to the Criminal Law of the People's Republic of China,the larceny was reversed to “ Whoever steals a relatively large amount of public or private property,or commits theft for many times,going into another's door,carrying weapon,or pickpocket,shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance,and be or only be fined”.Compared to the reversed one,three kinds of means to committing thefts were added to it,which includes “going into door in larceny”,“weapon involved in larceny”,and “pickpocket” and no limitation of amounts and times are set,which undoubtedly lowers the standard to deem a criminal act enlarges the application scope of criminal law.Thus those larceny acts which cannot be affirmed as crimes before can be deemed to be crime now and the property and safety of the crowd can protected more efficiently.It plays an important role in maintaining social stability.However,it still confuses us to to affirm those new types of larceny theoretically and practically.At present,consensus hasn't been reached in many problems.In this paper,referring to Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Theft,the author try to analyze those theft acts,hoping it useful for justice practice.In addition to preface and conclusion,this paper is separated into three parts.Part 1.Analyzing related issues on going into the door in larceny.Firstly,the author will affirm “hu” by referring to the theoretical explanation and judicial explanation and the means and aim of going into the door will be analyzed and discussed.Secondly,the criminal nature of larceny will be discussed to affirm it is behavioral offense or consequential offense.Then,the standard of whether completed will be involved and it comes to a conclusion that it is consequential offense.On this basis,the author will affirm its standard of starting point and completing standard completing.Thirdly,the author will concretely analyze the connection and differences between it and “the amount theft” and “repeated thefts”.The author also compares it with trespass and intentionally damaging property and elaborates the conversion of this criminal act.Part 2.Discussing theft with weapons carried.Firstly,how to definite “weapons” and to understand “carrying” and the subjective aim of carrying weapons will be analyzed.Secondly,the standard of whether the theft carrying weapons completed will be discussed.Then the author will affirm its starting point and the completing standard.Thirdly,the author will analyze the connection and differences between it and “the amount theft” and “going into door in larceny”.The author also compares it with illegal possession of firearms and ammunition and robbery in detail.Part 3.Discussing related issues on pickpocket.Firstly,the related theory and judicial explanation will be elaborated and its characters and the aim of pickpocketing will be also analyzed concretely.Then the author will affirm “public place” and “carrying” through referring the opinions of “public place” and “carrying”.Secondly,the standard of whether pickpocket completed will be discussed.Then the author will affirm its starting point and the completing standard.Thirdly,the author will analyze the connection and differences between it and “the amount theft” and “repeated thefts”,“theft with weapons carried”.The author also compares it with threatening public safety for illegal possession of firearms,ammunition controlled knives and dangerous articles and puts forward his own opinion in handling the problems.The author explains the conversion of this criminal act in detail.