Theft Questioning And Reconstruction Of The Criteria For Sentencing

Larceny is an ordinary crime in our country, the conviction and punishment standards was prescribed by the criminal law and the explanations. But there are some problems in the practice when we want to criminate and punish the stealer, we can seen these problems from two typical cases, the one is about e grape case with high price and the other is mobile phone with high price. In these kinds of cases we pay much attention on the amount and ignore the plots that's will be induce enlarge the range and degree of punishment and also induce the public and appellee can't conviction to the result. It will be not good for the come true of the balance between the crime and punishment, specialize of the punishment, justice and the purpose of the punishment, its also not good for the judge's judgment rights and betray waste the legal resources.There are different rules in the continent legal system countries. Such as in Germany, they make a general steal amount, and according to the amount to decide different trail ways. And in Japan or Italy they didn't have clear rules about steal amount, but they will think about the steal amount when they judgment.General speaking, our country should to set up a new standard of the conviction and punishment. We agree that take the steal amount as a main standard to judge the theft, but we also need to think about the concretely situation, the character of the suspect and the subjective etc. That will protect the human right and come true the purpose of the criminal law. Base on the mission of the criminal punishment we especially need to think about the personality that will enhance the justice and efficiency of the criminal law, for this reason we have to know the suspect character and other things. But its very hard to handle the personality because it's a nonobjective concept, so we can learn some good experience from other countries. We can get the information of the personality from the specific scenario. The personality of the suspect can reflect from these scenarios.