Research On Some Problems Of The New Types Of Theft

On May1,2011"the People’s Republic of China Criminal law Bill for amendment (8)"(hereafter refers to as:"Criminal law Bill for amendment (8)") the official implementation, enabled the larceny the correlation legislation stipulation to have the tremendous change.After the revision larceny increased the residence burglary, the carryhome weapon for criminal burglary, stealing (has hereafter referred to as:The new form larceny) three kinds alone are punished the behavior, and has maintained the legal rule which the amount is big and steals many times, formed the amount to be big, many times to steal and three kind of new form burglary mutual independence, mutually the compound pattern, this had the conflict with the traditional larceny criminal law theory.Has had such as the new form larceny is the behavior violates or finally violates, how did its accomplished offense behavior recognize, how the new form larceny and the public security management punishment slight burglary behavior does link up as well as the new form larceny discretion of punishment appraisal and so on a series of questions.Under the present legal system environment, on April4,2013executes "Supreme People’s Court, the Supreme People’s Procuratorate about Handles Burglary Criminal case To be suitable Legal Certain Questions Explanation"(to hereafter refer to as:2013steals the new judicial interpretation) not to be able completely to be clear about the question which the explanation faces at present, the different place judicial organ to the judicial interpretation view one, the cause larceny crime circle rapid expansion, has not created the legal suitable difference.Therefore, the present larceny legislation also has the imperfect place, has brought the very big confusion in the judicial practice for the correlation law enforcement officials.In order to the active control larceny crime circle disorderly expansion, this article embarks from the multiple perspectives, the analysis present larceny determines guilt the pattern and the accomplished offense behavior recognized, the discussion new form larceny and the public security management punishment slight burglary behavior engagement rationalization proposal, the analysis new form larceny discretion of punishment appraisal means, deepen by the time help law enforcement officials to the larceny article understanding, in the better solution judicature practice appears question.