Analysis Of Shenshengyan’ Theft Case

Crime of theft is one of the oldest crime, and it is also one of the most typical crime of property. From the judicial practice in recent years, the proportion of the crime of property violation is the largest in criminal case. At the same time, crime of theft is the most common crime in the crime of property violation. The characteristic embodies three aspects. The number of criminal cases are large, the number of important cases are large and the number of cases of serious sentence are large. They are cracked down by the judicial branch of government. The diversified and invisible methods of theft cause the elements of the unstable social order, and also bring adverse impact on the people’s normal life.The case in the paper is a typical case of crime of theft.The writer in this paper discusses the judgment and sentence discretion of the crime of theft, and the difference between crime of theft with similar crime from Shenshengyan’s theft case. In this case, after Shenshengyan send boxes filled with money, he found his colleague Lixingrong left the white bag filled with a hundred thousand in an access. Shenshengyan picked up the white bag filled with a hundred thousand. This case generates many arguments. The case chose by the present writer reflects that it is very complicated to distinguish the crime of theft from the crime against property. The arguable point in this case are crime of theft, crime of embezzlement and post occupy crime. The measure punishment in this case is also arguable. There is a large disparity between different judgments. Anhua Country court sentenced Shenshengyan to ten years’imprisonment and fined him ten thousand, but the supreme people’court of Hunan Province sentenced him to three years’ imprisonment, four years’probation and fined him ten thousand. The author wants to grasp the problem in judicial practice through analyzing and exploring the case.