Theft On The Amount,

In the Chinese Criminal Law, the Crime of Theft is categorized as the amount crime. Amount is one of the constitutive criteria for it, and plays important role in the convicting and sentencing. This dissertation conducts a profound and systematic research on the Crime of Theft from seven aspects.The first part: the status and function of the quantity the criminals stealed. In the Chinese and foreign criminal laws, the status and function of the amount the criminals stealed are at a certain difference. In our country, the amount the larceners commit is defined as a composing part for the larceny. But in the foreign countries, the amount the larceners commit is not a composing part for the larceny; it just has an influence to the choice from sentence, measure pushment or the style of judgments.The second part: the subjective composing part of the amount and the larceny. In my point of view, the amount the larceners commit is one of the subjective views for the actors themselves. In the cognizance of the robbery, it is not only for the actors in the objective view requested that the amount finance the larceners stealed is "the amount is relatively bigger" or "the amount is magnitude", but also in the subjective views of the larceners that the amount of the finance they are desiring is at a certain degree consent.The third part: the uncompleted or completed conformation of the amount and the larceny. The definition of crimes in the criminal law of our country, it is using the completed conformation as a standard, and in my point of view the larceny is also existed in the uncompleted conformation. In the larceny, the amount the larceners commit is a fix quantify part to the crimes, and the quantify size of the amount is a deciding factor to whether it is included in the composing part of crimes, it is completed or uncompleted.The fourth part: the criminal amount in the together theft. In the theory boundary, experts have long disputed in which method to confirm the amount of the members of the together theft that they should be charged with criminal responsibility .And in my...