Research On Several Issues Identified By Special Theft

This article focuses on the research on the concept of four kinds of special thefts,such as burglary,pickpocketing,carrying weapon theft and repetitious theft,and hoping to help the judicial practice process.The first chapter introduces the concept of four kinds of special thefts.As well as the relevant legislative changes of special theft from 1979 to 2017 since the founding of new China.And it also introduced the special theft of Germany,Japan,Italy,Hungary,United States,United Kingdom and Taiwan.The second chapter introduces the judicial determination of the theft of household.First of all,"household" should have the two characteristics of place and function,in the privacy and exclusivity at the same time,should also have a family life function.This section that the collective dormitory,uninhabited residential,hotel hotels and temporary construction of the shed can not be identified as "households",but the closure is better,with family life function of the house and in non-business hours of commercial and residential room,and temporary residence of the villa should be identified as "households".Secondly,burglary "into" should be illegal to enter,and ruled out some of the behavior of theft.Finally,the article supports the "out of control and control theory"on accomplished standard.The third chapter introduces the judicial identification of pickpocketing.First of all,this article supports the places of the implementation of pickpocketing are public places,it has the following characteristics:openness,timeliness and unspecified number.Secondly,the object of the crime was analyzed,such as this article to support the carry-on property of the portable is"dominate the scope of that".Finally,the analysis the form of attempted or completed of pickpocketing behavior.This article takes the "out of control and control theory".The fourth chapter introduces the research on the judicial recognition of carrying the weapon theft.First of all,from the lethality of the weapon and behavioral subjective will to determine whether it is a weapon,such as ethnic minorities carrying a tool in accordance with the custom,carrying a small object or committing the crime tool can not be identified as a weapon.Secondly,the "carry" is considered to be carried by the perpetrator during the theft process for theft.Finally,the article analyzes the form of accomplishment and attempted of the theft of the weapon,and takes "out of control and control theory".The fifth chapter introduces the study of judicial recognition of multiple thefts.First of all,"Times" should have a deliberate and continuous period of time,has been subject to administrative acts of punislhment should also be included in the "times".Finally,according to the behavior of the subjective whether the theft of several deliberate analysis of the repeated theft of the accomplishment,attempted form.The article supports the "out of control and control theory"on accomplished standard..