Understanding And Cognizance Of Thetheft With Weapon

Around the world, a high incidence of theft have always been multiple types of crime, also crime of our country in recent years, the highest ratings and effectively prevent and crack down on the crime of theft is corrections to face an important task of China’s criminal law.For the original provisions of the Penal Code for theft is not sufficient, leaving lethal weapons like theft often because of this new form of theft amounting to not less than the requirements of its theft convicted and punished, leading criminals have nothing to fear, the problem of impunity, in May2011the formal implementation of The amendment of criminal code (8)"this made the appropriate amendments. Existing provisions as:"theft of public and private property, many times larger amounts or theft, burglary, carrying weapons theft, pickpocketing, and three years imprisonment, criminal detention or control, or impose a fine gold." New Criminal Law the additional three cases of theft evaluated as no amount of restrictions are "burglary,, theft and pickpocketing lethal weapons", provided that they meet these three elements constitute the crime, they are able to be punished for theft. This revision reflects the criminal law would infringe on personal rights, legislators and property rights of citizens into striking range while the behavior of the theft, conducive to achieving the purpose of the criminal law, crime and punishment to better protect human rights.This paper divides into5chapters:The first chapter has mainly introduced some basic problems of the theft with weapon. Discussion on carrying weapons through theft of academia different understanding of the concept of enumeration and analysis of the definition and characteristics of the theft with weapon research and identify theft, so as to start carrying weapons theft after laying the foundation value. The second chapter is the basis of this paper, the first to explore the scope of the theft with weapon by whether Perilous, and then discusses the results of carrying weapons belonging to commit theft or criminal behavior problems. Articles of Chapter III of the "carry" concept, classification and identification are discussed from an academic to "carry" the analysis made specifically identified problems. The fourth chapter of the concept of "weapon" have a clear understanding of the definition, and then discusses the discrimination "weapon" classification and associated tools of crime, and finally to discuss the "weapon" of judicial determination. The fifth part of the article analyzes on a number of issues to carry weapons were stolen judicial determination, the use of theory to explain the principles of criminal law, to carry weapons theft specifically identified in the difficult issues can learn standards, combined with cases of lethal weapons theft provide their own views and opinions on specific issues identified.