The Study On Several Practical Issues Of Larceny Sentence

Larceny would be a high-rated crime which is increasing up in recent years that is account for 80% of the total members of the property crimes. In judicial practices, the commit and sentencing of larceny exist some problems such as the unique amount standard, the outdated standard and the stiff trial and etc which caused the opposite values of fairness and justice of the criminal law in practical affects and it is necessary to study over the issue of the commit and sentence of larceny. Moreover, there are a lot of uncertain factors in this work that is so complex. And different judges have the various evaluations upon the same or similar criminal facts. So how to find the rules to limit the uncertainty in the sentencing at best in order to exclude the unreasonable differences and avoid the unbalance of sentencing would always be the persisting purchase of lawyers, especially the judicial professionals.This paper is divided into three parts account for more than twenty thousand words:Part one is the summary about the meanings of studying over the sentence of larceny, which is including the origins, the unbalance reasons and the practical meanings of the sentence of larceny.Part one is the summary about the comparing studies on the standard of the sentence of larceny, which is including the summary of the continental legal family regarding the legislation about the larceny sentence such as Japan, Germany, Italy firstly, and then the legislated standard of larceny in Chinese Criminal Law with the comparing analysis.Part three is the analysis about the several hard cases of the sentence of larceny including the feasible standard of the theft amount, the"compensation for the light punishment", the"compensation for exoneration", the heavier and lighter emotions, the methodology of the sentence of larceny, the abolishment of execution on larceny and the existing problem exploration over the"Xu-ting"case.