Comments on the Newly-augmented Behavioral Patterns of the Crime of Theft

The augmentation of behavioral patterns of the crime of theft in Article 39 of the Amendment VIII to the Criminal Law manifests distinct utilitarian color of criminal law in maintaining social order and strengthening the protection of legal interests, and is also the result of gradual marginalization of the reason of criminal law. From the angle of judicial application, it is necessary to accurately interpret the newly-augmented three behavioral patterns of the crime of theft. As far as burglary and theft with a lethal weapon are concerned, the appropriate explanations should be given according to the previous relevant judicial interpretation. As far as pick-pocketing is concerned, restrictive interpretation can be given from the characteristics of place and object. As far as the criminal pattern is concerned, the crime of theft is still consequential offense. After accurate explanations are given to the newly-augmented three behavioral patterns of the crime of theft, there still exist problems in legislative revision such as lack of balance in the setup of crime and punishment, insufficiency in the setup of fact about the crime of theft and indistinctness of the boundary of criminal punishment.