Analysis Of The Sentencing Of Larceny Conviction In China

The crime of theft as a multiple, common crime, influences the social order and people’s property rights and personal rights, has always been the focus of criminal theory circle and practice circle. Theft crime occupies a large proportion in the whole criminal crime, and its multiple, hidden features such as being hit one of the major crimes.With the rapid development of economy and society, the conflict between the crime of theft related legal provisions and judicial practice change rapidly relative lag appears day by day. This article from the development trend of theft crime, in-depth analysis of the development characteristics of theft crime in our country at present the trend and shows, new problems derived from the theft crime out exposure appears to legal regulation of the crime of theft is the urgent problem in the law and the related judicial interpretation for the relevant legal provisions, the fundamental reason is the crime of theft by constantly breakthroughs and given new connotation, which makes us aware of the need to further clarify the conviction and sentencing of larceny standards, to further improve the legislation defects of. Therefore, how to treat and grasp the larceny theft judicial expansion to clear boundary, is the primary problem solved in this paper.Through in-depth study of convicted of theft crime sentencing standards, and the influence factors to comprehensively grasp the larceny conviction, accurate definition of theft and related charges of the same and different points; and further clarify theft crime sentencing standards, grasp the calculation of larcenous amount principle, the calculation method for the amount of theft, provide more operational standards for the judicial practice, truly penalty according to the uniform judicial standards, can be achieved, can also improve the Justice Department’s credibility and authority of the law.Theft can be constituted by reached the legal amount standard, can also be due to meet the "multiple theft","lethal theft","Burglary" or "steal" four kinds of behavior of requirements constitute. Because of the diversity and complexity of reality the establishment of larceny theft mode, achieve complete form standard also due to the specific circumstances vary, so the theory and practice of the standards of theft accomplished had put forward many opinions. Which is it is, this paper analyzes the advantages and disadvantages of various theories, choose the most suitable for the purpose of legal theory, and determination of the crime of theft accomplished the specific analysis of various different conditions.How to curb the theft of the frequency and the recurrence is one of the main objective of the crime of theft, and the end result of this article. In this paper, the criminals and social system as the angle of view, discusses how to improve its ability to resist the criminals and crime people return to the mainstream of society, and explores how to strengthen the social system’s protection capability and improve the credibility of the judiciary, in order to more by the effective prevention and control of theft crime tendency.