盗窃罪新增行为方式研究刑事诉讼法专业论文.docx

PAGE PAGE 3 Abstract With the development of economy, in order to adapt to the change of the larceny, maintain the social peace stability and protect the citizens′rights to property ,the “Amendments to the Criminal Law of the Peoples Republic of China (eight) (hereinafter referred to as the Criminal Law Amendment (eight) ) to modifies the theft, Burglary, Carry weapon theft, Pickpocketing are formally written in the Criminal Law. Although the multiple theft has new meanings after the amendment , it has already been written in the Criminal Law. Therefore, the “Newly-augmented Behavioral Patterns of Larceny” include Burglary, Carry weapon theft and Pickpocketing . Although these crimes are written in the Criminal Law, there are so few system detailed studies or provisions about them that there are lots of controversials in understanding them and how to use them in judicial practice. This paper intends to make some tentative and innovative discussions about the “Newly-augmented Behavioral Patterns of Larceny” using the definition method, comparative analysis, case study method, and combining theory with practice method. There is an overview before respective discussion. In addition to the introduction, this paper is divided into five parts, the main contents are as follows: The first part, an overview of the “Newly-augmented Behavioral Patterns of Larceny”. According to the Criminal Law Amendment (eight)”, this paper defines the “Newly-augmented Behavioral Patterns of Larceny” as : Burglary, Carry weapon theft and Pickpocketing; Comparing to the provisions of the before Theft behaviors, the “Newly-augmented Behavioral Patterns of Larceny” have new features: There are not provisions of number of times and amounts; Transform the non-criminal terms into criminal terms; Reflect the strict intentions of the legislators against Theft. The second part , understanding and identification of Burglary. On the basis of demonstration of necessity and reasonableness to Burgla