Study On "Larceny Of Financial Institution And The Amount Is Huge"

"Larceny of financial institution and the amount is huge"has been the focus of dispute in the theoretical research circle as well as the difficulty of the application of judicial practice. Both the focus and difficulty basically center on the following three aspects, namely the definition of act, excessive statutory punishment and how to apply statutory punishment. Based on the discussion of the above aspects, the thesis arrives at the methods for defining circumstances of sentencing, analyzing statutory punishment and the application of punishment.As for the definition of"Larceny of financial institution and the amount is huge", the determination needs to synthesize the analysis of the following three aspects: the way of behavior, behavior object and its results, among which the way of behavior includes general way of behavior as well as special way. In the judicial practice, criminals usually take the second type; behavior object refers to the funds of the financial institution and the"financial institution"here is characterized by the possession of legal qualification to store or own operating funds. The financial institution's funds is characterized by: the possession of financial institutions are marked through named way, the capital ownership belongs to the financial institutions, the ways to represent the financial institution's operating funds and its funds are of diversity; the behavior results refers to the amount is huge. Here the"amount"specially refers to the amount the actor steals can be calculated by certain economic value; the standard of the word"huge"should not be equated with the standard of the general larceny in terms of the amount identification, but should with a higher standard.The necessity of aggravate the statutory punishment of"Larceny of financial institution and the amount is huge"in the current criminal law is due to the two reasons: from an objective point of view, the behavior will violate multiple legal interests, namely the security of public funds, the credibility of financial institutions and the normal financial order, which results in great social panic; from a subjective point of view, the subjective will of the actors—to achieve criminal purpose to steal huge sums of funds using every conceivable means, reflects their profound subjective malignancy. Meanwhile, the regulation of current criminal law is of improper nature, such as the improper punishment structure, the inappropriate sentencing range and seriousness. Therefore, the current criminal law seems excessive and unreasonable, which deserves review.The punishment of"Larceny of financial intuition and the amount is huge"is severe and with less flexibility. When considering its application, the criminal punishment should depend on the specific cases to choose the applicable punishment. On the one hand, careful and severe control should applied to the amount and standard of capital punishment and confiscation of total assets; on the other hand, strengthen the force of life imprisonment and confiscation of partial assets is consistent with the homeostatic principle of crime. What's more, it can also achieve the purpose of criminal punishment.