Research On The Penalty Circumstances Of Theft And Lawmaking Suggestions

The punishment standard of larceny has always drawn attention from the theoretical and practical fields of criminal law, and the theory and practice have played an important role in the fight against larceny through mutual promotion. Nevertheless, a great many brand-new crimes of theft have occurred in recent years, and great controversy has been created in the process of sentencing the defendant, moreover, the same case has got different results in different courts. This phenomenon did harm to the solemnity and authority of law, and we can find that our law is not perfect. Therefore, in order to punish the defendant correctly in the corresponding range of punishment we must study such issue as larceny carefully, calculate the amount of theft accurately, and ascertain the circumstances of theft correctly. According to the brand-new crimes of theft occurring in recent years the author analyzed the theory and practice of the punishment standards of larceny by comparison, and then carefully studied many puzzled issues on how to ascertain the amount of theft and other circumstances of theft correctly. At last, the author clarified his viewpoint and put forward legislative proposal about the crime of theft.The author overviews the circumstances of theft, and then illuminates the legally penalty circumstances and the discretion of penalty circumstances of theft, at last, the author puts forward lawmaking suggestions. The second part of main body deals with several puzzled issues on the amount of theft. One is that if it is reasonable that the amount of theft is regarded as the basis of punishment and if the amount of disposal of stolen goods should be regarded as the amount of theft, and the other one is how to determine the amount of reduplicative theft and the illegal goods. Secondly, part two discusses several issues which consist of the accomplice, brigand, recidivist, a thief who stole financial institutions. At last, this part analyzes the legally penalty circumstances about juvenile offenders, the thief that gives himself up to justice and the meritorious thief. Part three mainly discusses several controversial topics about the discretion of penalty circumstances of theft on the basis of theory and practice of criminal law at home and abroad. This part illuminates how to punish the specific thieves, for example, a thief who stole the property of his relatives, the defendant who had refunded voluntarily. And it also discusses the two issues. One is that whether the thief should be punished leniently if the victim did something wrong. The other one illuminates the influence of motive for theft on the penalty. According to the analysis of the amount and other circumstances of theft part four puts forward lawmaking suggestions about the punishment standards of amount and the calculation method of illegal goods. At the meantime, this part also gives lawmaking suggestions about how to apply the death penalty and how to punish the burglar, a thief who stole financial institutions, and a thief who stole the property of his relatives.