| There are a lot of changes in criminal Law amendment (Ⅷ) about theft. The behavior of theft has increased from two to five. Among them,"theft of a large amount of public and private property" is ordinary theft, and"repetitious theft, burglary, theft with a weapon, pick-pocketing " is the special behavior Of theft. With the increase in the behavior of theft, practice and theory will change. On March82013, the supreme people’s court and the supreme people’s procuratorate is published the new judicial interpretation of theft, the four specific behavior is defined by the new judicial interpretation. But there are still many problems in judicial practice. The definition of the special behavior of the theft is not clear. There are also a lot of argument about the special behavior is offense of act or consequential offence. To solve the above problems, this paper studied the definition of these four special behavior, compositions of the special behavior, the standard of initiate a crime and accomplished offense and so on. Second, to the multiple theft behavior, the paper study the definition of "many" and "second ", analyse the quantity and form of the multiple theft. Crime termination and criminal attempt should reckon in the times of the repetitious theft, and if someone steals very small money, he should not be definition as theft. If somebody had record of administrative penalty, it should reckon in the times of the repetitious theft. Secondly, to the burglary behavior, the paper study the meaning of the house, and analyzes whether the dormitory, joint rent house and commercial and residential house can be identified as " door" or not, burglary behavior must be for the purpose of illegal act. burglary door, burglary behavior also have the completed crime and the attempted crime, as long as someone use illegal means to enter the house, he is starting to steal. If he had steal something means he is completed crime, burglaries is to proceed, proceed to steal the property is consummated, burglary also have joint offence. Third, to the behavior of theft with a weapon, the paper study of the definition of the weapon from both subjective and objective aspects. If the thief touched the money that he wanted to steal, he is completed crime. The paper also study on the difference between theft with a weapon and rob with a weapon. Finally, to the behavior of pick-pocketing, the paper study the three elements of pick-pocketing, public place, carry belongings and public transport. The start of th pick-pocketing is the theft’s hands or tools touch the outside of the victim’s pocket.and pick-pocketing also have the situation of attempted crime someone didn’t steal anything from the victim for the reason that he can’t control. The paper also analyses the relationship between the pick-pocketing and the13clause of Criminal Law, pick-pocketing is no need to steal secrets conditions, with no need for technical. |
