Research On Issues Related To Theft With Weapon

The eighth Amendment to the Criminal Law of the People's Republic of China which came into effect on May 1st,2011 has made substantial modifications of the larceny legislation.It added three independent criminal behaviors: burglary,theft with weapon,pick and steal.With the rapid development of economy,social life changes rapidly,the means of theft emerge in endless streams which have threatened property security and public order seriously.The three new ways attract the most attentions and need to be ruled in the manner of criminal penalty.As a consequence of this issue,the Amendment modifies the provision of larceny,changes the conviction mode which has a serious influences to justice.Although the amendment has gone with the tide,the justice and legislation of theft crime has come into conflicts that may expand the circle of crime of theft which is of great significance to the building of the Rule of Law and gives rise to a series of practical problems.In consideration of the practical demands,the thesis will not only start from the legislation of China and other countries to explain the legislative process and background of theft with weapon analysis,but also have a further study according to the relevant judicial interpretation of the provisions on theft with weapon.This study divides into five chapters.The first chapter begins with the legislative process of larceny,and then interprets the necessity of the legislation of theft with weapon from two aspects of theory and practice.The second chapter is the basis of the following research and has a careful analysis of “ weapon” and “carry”.Refer to relevant provisions of Japan,Taiwan area,“weapon” is identified from the social common concept in general people directly.The third chapter discusses the problem of the establishment and accomplishment of the theft with weapon.The standard of accomplishment is that property get out of other's control.And learn the standard of punishment of the attempted crime of the theft with weapon.The fourth chapter is aimed to discuss some issues in judicial practice in the form of case analysis such as Joint Crime.