New Type Of Theft Crime Judicial Cognizance Problems Research

In "Criminal law amendment(eight)",the theft was revised, it revised criminal law will be implemented, pickpocketing,carrying a weapon a burglary theft behavior directly as constitute theft, the actual amount is almost completely to theft from the shackles of conviction. New punishment of theft,theft of criminalizing threshold is reduced, enlarged the scope of criminal law against theft, we intensified the efforts on against theft, can be more powerful to protect personal property rights and interests of the masses of the people.Today, the "criminal law amendment(9)" has been issued and implemented, and the "criminal law amendment(eight)" the provisions of the new type of theft controversy is still no consensus, and the trial in the judicial practice mode is to name but a few. Therefore, the understanding of the new type of theft and there are still room for study and need to apply.In addition to the preface, this paper will be divided into four most in his writing, the concrete content is as follows:The first part is the comprehensive overview of the new type of theft. This part on the origin of the new type of theft and evolution, but also illustrates the new theft directly into the value and meaning of sin. The establishment of the new type of theft to expand the scope of protection of the criminal law of the quilt is direct and fill in the "regulations on administrative penalties for public security" and "criminal law" the link between the parts of the blank.The second part is the new larceny behavior factor. By means of a burglary, pickpocketing,carrying weapons theft of concrete constitutive requirements identified, and the transformation of its sin of description and detail the difference between the new type of theft and traditional difference of theft. What this part, for a specific act constitutes a new type of theft puts forward the author’s point of view, some of such as hand close to hand rob such theft and confusing situation has made the distinction.The third part is the question of whether new larceny being limited by the amount of standard. This part, the author presents a new to the amount of theft should no longer apply traditional theft related restrictions,but also should not be involved in theft target value is very small theft directly as a new type of theft, specific solution should be addressed in the general provisions,this type of behavior as a minor is not as a crime.The fourth part is about the cognizance of the new mode of theft. For violation of the criminal act different states to varying degrees of evaluation, the cognizance of crime pattern is of great significance. This section of new type of theft in detail in this paper, the specific criminal form and distinction, explicitly attempted theft to begin, with one, the new standards.