Reviews Of Theft Crime Legislation

Theft crime is refers to the crime set by the criminal law provisions, which canbe formed by the theft behavior. Since the founding of People’s Republic of China,the theft crime legislation can mainly be concentrated in three stages, namely fromthe time when People’s Republic of China be founded to the time when the1979"criminal law" be issued, from the time when the1979"criminal law" be issued to thetime before the1997"criminal law" be issued, from the time when the1997"criminallaw" be issued until now. Frankly speaking, incrimination is the general trend of thelegislation of theft crime in these three stages. on the macro, the legislation of theftcrime reflects the protection of legal interest is timely and multifarious, on the micro,the legislation of theft crime embodies new charges setting and modifying theconstitutive elements of crime are the two main ways of incrimination, the crime ringof theft crime which committed by units and theft crime which is mala prohibita isboth expanding and the structure of criminal law is transforming from "severe but notstrict" to "strict but not severe". As far as the crime of theft in the current criminal law,there are two aspects of problems of theft crime legislation, namely charges settingand legal punishment configuration. On the aspect of charges setting, thecontradiction of the principle of modesty, the principle of definition and the principleof coordination is the mainly problem of theft crime legislation. On the aspect ofconfiguration of statutory sentence, there are two problems on theft crime legislation,namely the penalty structure is a severe penalty structure and specific crimepunishment is out of balance.