The Amount Of The Theft

The crime of theft is one of multiple crimes of judicial practice and daily life, has been attention of China’s criminal law theory and practice. "Criminal Law Amendment (eight)" is greatly adjusted to theft, changing the relationship between the conviction model of the theft and the amount of theft, making the new three special thefts and the ordinary theft in parallel. This has led scholars discuss nature of the additional special thefts, incriminating standards, the standard of accomplishment, and so on. In 2013, the supreme people’s court, the supreme people’s procuratorate about theft criminal cases to explain some issues of applicable law enacted is pushed the discussion to the peak. The discussions are related to the amount of the theft. Therefore, the amount of the theft problem in-depth study is necessary. In view of this, the article analyzes the theoretical basis of the amount of the theft, dissects the problem of identifying the amount of the theft, explore the relationship the amount of the theft and the additional special theft, focus on solving the misunderstanding problem of the amount of the theft and distinguishing accomplished states of the theft. Hope to be able to cause the domestic scholars focus on the amount of theft crime issue, refining the theft amount research.This article is divided into six parts. The first part is an introduction, a brief overview of the plight in the current judicial practice, which leads to the purpose of the study to be carried out. The second part encapsulates the concept and the position in the whole world criminal law of the amount of theft, to the theoretical basis for the later. The third part sets in the "Criminal Law Amendment (eight)" Changing patterns of theft convictions, explore the amount of the theft to two convictions for theft mode, put forward the need for "large amount" and respond to the special specifications set theft carried out limit the amount necessary. The fourth part by analyzing the relationship of the amount of theft and larceny subjective important document, thinks when identify theft behavior, larceny subjective cognitive factors should be considered, differently treat the amount of the theft of cognitive errors under different circumstances. The fifth part based on the above analysis, discussed the amount in larceny accomplished state, attempted to address whether there are five theft modes Accomplished, attempted status issue. The last part is the conclusion, summarized this paper.