A Study Of Legal Application To New Types Of Act Of Theft

After the issue of the "amendment VIII to the Criminal Code", larceny is defined as a person who steals indoor, steals with lethal weapon, or pick-pocketing (purse-cutting). This definition of larceny actually increases the criterion of harm, thus it is necessary to accurately clarify the standard of attempted crime that includes the definition of behavioral type or compositions of the three types of larceny. It as well necessary to accurately analyze the relationship of various behavioral types, the internal structure of provisions of larceny; and necessary to clarify the relationship between accomplice and related accomplice of these three types of larceny. This essay bases on the perspectives of history and development to research the three crime of steal attach importance to of combining theory and practice. The essay would like to analyze and interpret the provisions of larceny by applying the research method of annotations to deeply clarify the semantics of the provisions. By grasping the spirit of the legislation, and basing on the background of the modification of larceny, this essay would like to analyze the provision of larceny from historical view and predict the future developmental direction of larceny. In the essay, I firstly will clarify the "householders" of "indoor larceny in households" and the definition of burglar and indoor larceny; will analyze the controversy of indoor larceny, regarding the viewpoint that indoor larceny is the crime of burglar indoor and thinking indoor larceny has attempted form which means except the reasons of the person’s will, else reasons that lead the person can not obtain any property or not damage public or private property, the person’s behavior should be defined as indoor larceny attempted. The essay will as well analyze the relationship between indoor thefts and "large amount" steals or steals of several times, and elaborate what is home theft accomplice, and conversion of indoor larceny. Furthermore, this essay will also includes the analysis of purse-cutting with the consideration of regarding purse-cutting as the attempt of illegal possession and the behavior of stealing others’ carry-on belongings in public area. The essay will make efforts to clarify the applicable circumstances of pick pocketing by analyzing semantic meanings of carry-on belongings and public area, and the essay as well will state pick pocketing has attempted form and regard attempted form as the reasons other than human’s will that make the person can not obtain any property, or damage the public and private property, the person’s behavior should be defined as attempted purse-cutting crime. In addition the essay will analyze the relationship between purse-cutting and "large amount" of theft or several times theft; interpret credit cards steal, and issues of conversion of purse-cutting. Moreover the easy will clarify the definition of "carrying" and "lethal weapon" of the lethal weapon theft, and regard the person who steals with lethal weapon has the aim of illegal possess others’belongings and performs the criminal behavior of carrying illegal lethal weapon that is not allowed by the nation. Theft with lethal weapon as well has attempted form which is regarded that a person who can not obtain any property or make any damage to public and private property caused by the reasons other than the person’s will should be defined as carrying weapon theft attempted. The essay as well will analyze the relationship between crime of carrying weapon theft and large amount theft or several times theft or illegal possession, and interpret accomplice of carrying lethal weapon theft, and the issue of conversion of crime of carrying lethal weapon. At last the essay will critically analyze the advantages and disadvantages brought by the revision of the Amendment VIII to the Criminal Code in relation to larceny, and offer some relevant recommendations of improving the structure of provision of larceny as conclusion.