Research On Judicial Determination Of Larceny With Lethal Weapon

Larceny is an ancient crime type,and it also belongs to many crimes in the world.China's "criminal law amendment(eight)" thirty-ninth "carry weapon theft" as "theft of public or private property and a large amount of and "multiple theft" and "Burglary" and"steal" in parallel with the standard of conviction of theft.Then the "two high" issued "on the handling of some issues of applicable law in criminal cases of theft" interpretation,clear the connotation of "carry weapon theft" and other words,but in the judicial practice,cognizance about carrying weapon theft behavior crime,carrying weapon theft and robbery with a lethal weapon from there is disagreement.From the point of criminal law and the judicial interpretation of "two high",the author makes a study of the above problems and puts forward some suggestions according to the judicial practice and the criminal law theory.In addition to the introduction and conclusion,this article is divided into three parts:The first part:the criminal legislation process of "carrying lethal weapon larceny".The "carry weapon theft" not only infringement of property rights,and a threat to personal rights,the "criminal law amendment(eight)" crime of theft conviction and sentencing have made appropriate adjustments,will "carry weapon theft" provisions for criminal behavior,in order to adapt to the economic and social development and the needs of social activities.The second part:the meaning of "carrying lethal weapon theft".The differences of the "carrying" in the theory of criminal law mainly focus on the time,mode,legality and domination of "carrying".Identification of portability should be concerned with portability,concealment,and dominance.In the field of criminal law,the weapon is divided into the lethal weapon in nature and the lethal weapon in use.At present,the analysis of lethal weapons focuses on the use of lethal weapons.The weapon shall be considered as having a physical weapon that has the actual danger,is prohibited or sufficient to endanger personal safety,and the lethal weapon must be a creature.The third part:the determination of the form of the crime of carrying out the murder of the lethal weapon.In order to implement any preparation tools,manufacturing conditions of carrying weapon behavior can be identified as preparation behavior,but it must be to conduct the subjective purpose of carrying weapons is to act as the premise,and is due to reasons other than the will of the people and not forced to act to implement theft.The determination of"starting" should be the objective danger of the theft of the actor,which means that the perpetrator carries out the weapon and begins to carry out specific search for property.The "carry weapon theft" violations of legal interests including property rights and personal rights in two aspects,so it is dangerous crime,crime and the crime said in its qualitative results will be incorporated into the offense,to prevent blow to expand the scope of.The fourth part:the crime and the crime of carrying the murder of the lethal weaponLarceny is one kind of property crime.The most important characteristic of property infringement is the legal benefit of infringement.It has certain value attribute.From the provisions of the criminal law,carrying weapon theft behavior does not need to consider the amount of crime can be convicted,but in judicial practice may expand the scope of combat,so the crime standard is a violation of the criminal law protection must be worth the value of property rights,but it violates the criminal law criminal law forbids improper punishment punishment behavior cause,criminal law and administrative law and other laws and regulations on the definition of theft is unclear,confusing the criminal law and administrative law limits,damage the judicial authority.The provisions of the criminal law to protect the legal interests,not worth the criminal law protection law,if the circumstances are obviously minor and the harm is not great but the circumstances of the application of Article 13 of the criminal law and some special provisions can be excluded.The fifth part:the distinction between "carrying lethal weapon theft" and "robbing with lethal weapon""Lethal weapon theft" and "snatching with lethal weapon" there is no difference in essence to carry,from subjective thoughts,objective implementation of harmful acts against objects,carrying weapons to law without any distinction,the difference is mainly in the text and on the victim's influence.The sixth part:other problems in judicial practiceIn the judicial practice appears in carrying weapon theft and other forms of theft of the cross,we need to choose the legal punishment as a sentencing plot starting point high starting point,other circumstances as the plot to be fully considered,shall be given a heavier punishment within the range of statutory penalty,do crime equilibrium.The standard of proof carrying weapon theft,handling general theft proof standard,also requires that the behavior of people carrying the rationality of weapon is issued by the relevant departments of the behavior of people carrying objects belonging to the nature of the weapon or weapon.