The Dission On The Theft With Weapon

The three kinds of thefts,such as "commits a burglary","carries a lethal weapon to steal" and "pick pockets",have been identified as the conviction of theft,which have increased the crackdown on the crime of theft in judicial practice.But the "theft with weapon" and other identified as the crime of the legislative approach to the traditional theft as a violation of property-related crime theory have a certain impact,leading to the theoretical circle of this legislative way.In the judicial practice,there is a big controversy about what is the "weapon" and how to determine the meaning of "carrying".The Supreme People's Court,the Supreme People's Procuratorate issued "On the theft of criminal cases applicable to the interpretation of a number of issues of law" in 2013("hereinafter referred to as" theft case interpretation ").And the theft with weapon has been made a more clear explain,which should be used to guide the specific judicial practice.But it is still controversial to the theft with weapon,even under the provisions of this judicial interpretation.People have also disputed the judicial interpretation itself.In such circumstances,it's necessary to use the judicial interpretation to guide the cases carefully,especially when it comes to identify the other equipment that is dangerous to the safety of others.In the judicial practice,the criminal liability of the person who was foud to carry a lethal weapon to steal shall take a variety of factors into account.The unfinished criminal system of the theft with weapon is another important question.If the crime is not completed,the prerequisite for investigating the criminal responsibility of the perpetrator is that the behavior of the perpetrator reaches the extent of the seriousness of the plot.The exact application of the theft with weapon requires the judicial practitioner to summarize the lessons with a high sense of responsibilityand professional sense of honor.