Study Of The Amount Of The Theft

Larceny is a typical property crime. From it comes into being, larcenous amount always is the important factor to influence the cognition of larceny. Form the related stipulations of current criminal law to larceny, larceny is a "amount type" crime. The "large amount" is the importance to objectively present larceny and the larcenous amount is the concentrative embodiment of the social harm and its degree of larceny. This paper tries to make induction for the general calculation method of larcenous amount in our judicial practice by confirming the amount of larceny and makes discussion oh some special larcenous amount calculation, such as the calculation of stolen property with price difference and the accumulative calculation of stolen capital, and finally makes brief evaluation for the influence of subjective recognition of larcener for larcenous amount on the criminal punishment.This paper mainly has five parts.In the first part, it mainly studies the related stipulations to larcenous amount in our ancient criminal law. It is though that there are main features for larcenous amount in our ancient criminal law. The larcenous amount always the important standard to decide the punishment of larceny, which hasn't been changed till nowadays. The recognition of larcener for larcenous amount plays an important role in deciding the punishment, which is valuable reference for current criminal judgment. The punishment for the common crime in larceny is very severe, which still is presented in present legislation.In the second part, it mainly studies the general method to calculate larcenous amount in our judicial practice. By the conclusion and induction for the calculation of general property such as the goods in circulation field and the products in production field and the special property such as communication service and proper voucher, it dissertates the calculation method of larcenous amount of 8 kinds of general property and 10 kinds of special property.In the third part, it manly studies the amount calculation of stolen property at price difference. The above mentioned 6 conditions are generally argued on the calculation in judicial practice. The writer explains and dissertates own view and opinion for the above conditions in combination with judicature. The loss on amount and the larcenous amount isn't coincident and they aren't listed into the condition with price difference of stolen property, but they have some commons, so they are discussed here together.In the forth part, it mainly studies the accumulative calculation of larcenous amount. It take importance of discussion on the calculation of larcenous amount of the same good stolen repeatedly and the calculation of amount from the case of accomplished offense and abortive offense. In this part, although it is also about the calculation of larcenous amount, the difference from that in the second and third parts is the formers mainly discusses the calculation of larcenous amount and this part mainly dissertates the recognition of the whole larceny case so as to get conclusion.In the fifth part, it mainly studies the influence of the subjective recognition of larcener for larcenous amount on the punishment. It discusses that the actor must get subjective recognition for the stolen property of "large amount" and it emphatically analyzes the punishment when the actor has error recognition for the larcenous amount.