Study On How To Compute Burglary Amount

The larceny is one of most common crimes in judicial practice, To the larceny recognized accurately also becomes an important work with the discretion of punishment. But because the larceny mainly belongs to the amount crime, the research of recognizing the burglary amount also appears has the necessity very much. About the burglary amount recognized the aspect the legal rule has experienced many times revision and the improvement. In 1997 through and executed "Supreme People's Court about Trying Burglary Case Concrete Application Law Certain Question Explanation" is quite systematic and the integrity stipulated the burglary amount calculated the judicial interpretation which and recognized. In the judicial practice, all levels of judicial department is mainly defers to this explanation to calculate the burglary amount. But, any law is all not perfect, about the burglary amount recognized the aspect the related law dispute has not always stopped. Therefore, to steals the amount the computation to conduct the thorough research to have the necessity very much.If we want to lean more about the number of stealing, we need to have a deeply study on the changes of determination burglary amount in ancient times of China and the foreign countries. The first chapter of first part enumerated several comparisons of the representative dynasties to recognize the aspect in the burglary amount the technical stipulation. The second parts stipulate the computation burglary amount about new China before new criminal law appearing. The third part mainly introduced a Western legal system more developed country in the burglary amount computation aspect legislation stipulation. It has the model function to our country in this aspect legislation consummation. The second chapter systemly elaborated how to compute the number of stealing at present in our country. However, there are many problems in the present legislation stipulation. For example, in the《Supreme People's Court about trying burglary case concrete application law certain question explanation》, it has a stipulation: when the amount of selling the dirty is higher than the value of burglary obtained goods itself , the number of stealing is the amount of selling the dirty. In the third chapter, many problems like this will be discussed .In the fourth chapter, I try to give the answers to some problems onthe basis of what I have learned. Finally, after a series of discussion,I made summarizes and proposed the legislation consummation and the forecast.