Analysis Of The Theft Amendment Counts

"Amendment Ⅷto the Criminal Law" made material alteration to crime of theft,which expanded the scope of the theft that put burglary, steal with weapon and pickingand stealing acts in rape. It is the urgency to making the arm of the law tight withsignificant legal theory foundation.Both subjective and objective factors, not onlyobjective aspect, should be considered when make definition of burglary or steal withweapon.The judgment of accomplishment of "burglary" or "steal with weapon "or"picking and stealing " should take "out of control" as a basic standard and accordingto the particular case.There are three parts to introduce the Correction counts of stealing:First part: Burglary."Burglary" Infrings or threatens others’ personal rights suchas residential tranquility et. when infrings others’ property,and it is more dangerous tothe personal,so it is rational to Included in the criminal code.the legal basis,behaviordefined,plot requirements and the accomplishment of crime for Including in the criminalcode.The burglary is not only aim to possess illegally,but the perpetrator must beintentional to burglary.The range of "gateway" can reference the "gateway" definingwhich explains the "burglary" in the judicial explation.It do not Convict and punishallall of burglary.Second part: steal with weapon.The behavior of steal with weapon threatens thepersonal safety of voctim,carrying weapon indicates more Subjective malignantly ofThe perpetrator,it is rational to bring in the range of criminal law.The defined of"carrying weapon" should analyze Subjective and objective comprehensively.Theperpetrator steals with the instrument which is banned to carry individually by nationmust be defined to steal with weapon;Stealing with other instruments which mayendanger the physical safety,and show the instruments to the victim should be Identifiedsteal with weapon in pricinpel;When don not show the instrument,should judgeSpecifically about the property of the instrument and the perpetrator Whether to havethe reasonable explanation or nor.Part3:about pickpockets.It’s reasonable to put pickpocket into the rape ofpunishment,according to the subjective and objective aspects of "pickpockets".Thewealth of pickpockets should be carry on,and we shall expand explain it.We should not lead to the concept of pickpockets subversive.The commit crime place ofpick-pocketing should not absolutely be limited as "public" or the "public places".Thecommit crime places shall be considered as an important plot factor of the"pickpockets"The judgment of "Pickpockets " accomplishment in out of control, theauthor advocates the specific standard of "transfer hold".