The Amount Of Theft Conviction And Sentencing Standard Analysis And Recommendations

Theft, along with the birth of private ownership, is the life of the most common types of crime, one of the most numerous type. Since ancient times, the amount has played a very important role in the theft conviction and sentencing standards, intuitive and concrete. However, the current amount is too strict and rigid standards have lagged behind the needs of the community view of this, the author attempts since the founding of New China’s criminal law provisions on the amount of theft analyze and make recommendations. In this paper, in addition to enlighten Introduction This paper is divided into three parts: The first part reviews the current situation and the status of the amount in the Criminal Code, the amount of the conviction and sentencing of influence. Mainly on the1979" People’s Republic of China Criminal Law ", revised in1997," People’s Republic of China Criminal Law " and " Criminal Law Amendment (h)" Theft of the provisions of the analysis, summarized on the basis of our criminal law in Theft the amount of the standard features of the conviction and sentencing.The second part of the conviction and sentencing of the criminal law of theft in the amount of standard features are analyzed on the basis of the amount of turn as a theft conviction and sentencing standards points irrationality. After the amount of the standard from the regional division of pure irrationality, lack of ill-gotten gains of theft between acquaintances or compensate for the loss by ordinary standards unreasonable amount of theft and theft waiver unreasonable penalties on two criteria analysis of aspects:The third part of the irrationality of the existing put forward three proposals, one to cancel a mandatory standard amount, and the second is the amount of different standards and common theft, theft of non-relatives and acquaintances of the family members are allowed to establish an acquaintance between the victim involved in indictment opinion. Third, in the case of a victim in a positive understanding of restitution should be required to obtain a special standard amount.