Understanding And Identification Of Non-Amount Theft

With the healthy and stable development of China's economy,the national disposable income has been greatly improved,but at the same time,the factors that induce crimes of incurring wealth are also increasing.Especially the crime of theft has been high in recent years,and the methods of theft have also appeared diverse.In order to better play the dual function of criminal law to punish crime and protect human rights,China has amended the crime of theft in the Criminal Law Amendment(8),which will “house theft” and “carry the weapon” The three acts of theft and plagiarism are included in the scope of theft.Subsequently,the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft"(effective on April 4,2013)made a dilemma and complex problem concerning the above three thefts and "multiple thefts".The corresponding explanation,but the new explanation will also bring about the problem of understanding and identification.Since the above three types of theft and "multiple theft" do not have a large amount of requirements,they can be classified as non-amount of theft to conduct research.This article is divided into five parts.The first part,an overview of non-amount theft crimes,sorts out the legislative evolution of non-amount theft crimes and analyzes the value of their sentences.The second part,"house burglary",the author believes that the "household" should be determined from the legal interests protected by the "household",and that the car in use is also the object of protection for "households";for "households" The way,the author believes that the use of a certain tool to enter the household or part of the body to enter the household should not be considered as "home";the use of minor violence in the process of "home burglary",the author believes that it does not directly translate into "combat robbery" The aggravated offense is only converted into the basic offender of the robber;the "housebreaking" should be based on the actual property that is worthy of punishment.In the third part,the “carrying” in “carrying the murder of the murder weapon” is not limited to being carried around,and is carried within the scope of the actor's control;the “murder weapon” includes not only the weapon of the nature but also the “killer” in the usage.It is necessary to combine the objective behavior of the actor,the subjective intention and the state of the victim's infringement;the "carrying weapon robbing" is more dangerous than the "carrying weapon burglary" in the state of "carrying",and the possibility of using the "murder weapon" is more It is high and subjectively vicious to others.The "bearing of the murderous weapon" should be based on the actual property that is worthy of criminal punishment.In thefourth part,the object of “plagiarism” should be limited to the personal belongings;“plagiarism” should weaken the restrictions on public places.Small taxis should be“plagiarism”;“plagiarism” is not a behavioral but a result.It is necessary to obtain the property that is worthy of punishment and punishment.In the fifth part,“multiple times” in“multiple thefts” refers to more than three times in two years.At the same time,the same place,and the same victim,the three conditions should be recognized as one time.At the same time,“multiple times” should include The theft of administrative punishment;The "multiple theft" should be based on the premise that each theft is close to a large amount.