Analysis Of Criminal Law Applies To Theft

As one of ancient infringement of property, theft has been widespread concerned in thecommunity. Theft is considered to be a serious criminal offense because of its serious socialharm, unmatched multiple emerging and its new types of crime. As a final safeguardmechanism for citizens’ legitimate rights and interests, the criminal law is sure to give specialattention to property crimes. The Forbidden City is not only the ancient royal forbidden placebut also today’s national key cultural relics protection units. Although it has many treasuresthere, but heavily guarded, robbers in this all can not easily test their skills, let the thief alone.But it does not mean that no one dares to stir up the calm lake. On May8,2011, after thefounding of People’s Republic of China, the sixth theft happened there, which is known as ShiBaikui. Immediately it aroused highly discussion and concern of the public, media and othercommunity. Through representation, there are many legal issues to be explored in thissensitive theft. This article will mainly focus on the analysis and discussion of legal issuesrelated to it.The main contents of this paper consist of the following components:First, the basic circumstances of the case.(A)Cause of action. Its main role is to outlinethe facts of the present case, so that the readers can have a general understanding of it.(B)The case presentation. According to the investigation, prosecution and trial of the facts andevidence, it introduces the cause of the incident, after and content.(C)Different opinions.Communities expressed both the conviction and sentencing of the perpetrator throughdifferent forms and methods.(D) The focus of debate. Based on the analysis of the differencesof opinion, it sums up four focus of attempted treatment; Whether the insured amount is basedon the conviction and sentencing; Whether the Forbidden City theft exhibits belong to "otherespecially serious circumstances".Second, analysis of legal issues related to the problems. According to the theoreticalresearch of many scholars, the paper focuses on analysis and exploration of the theoreticalissues involved in this dispute.First of all, with regard to the type of case, the perpetrator’sbehavior, involves how to explain the concept of "multiple theft" and how to apply when theamount of theft and other types of theft has competition; Next, with regard to the fiveexhibits of the Palace not brought out whether it belongs to attempted theft, which isrecognized the existence of the doctrine theft crime contend, and that was stolen in theproduction of human management, business premises and other issues identified attempted;What’s more,whether the insured amount can be regarded as the amount of theft, this not only involves specific calculation, the amount determined partially consummated with part ofan attempted theft, but also the value of understanding the error and losses caused bydestructive means are counted or not; Finally, regarding to the applicability of the punishmentto be upgraded as a basis Theft “other especially serious circumstances”, whether theftobjects(exhibits) and theft place(Forbidden City) belong to legal situation.Third, the analysis and conclusions of the case. The author with the basic circumstancesof the case, regarding the points at issue and the differences of opinion as an entry point tothe legal issues related to the analysis, and also based on the premise of the deepening of thefacts, evidence and legal understanding, formed some opinions about the case and insights.First, the conviction, there is no doubt that the perpetrator constitutes a theft. However, it onlyconstitutes a " large amount" of ordinary theft but not belongs to a special theft of "multipletheft"; In addition, due to other reasons besides the will of the person, the perpetrator failedto gain control of five exhibits, which results in attempted theft. Secondly, sentencing,according to the amount and circumstances of the case,13years in prison is obviouslyover-sentenced for the defendant. First, the amount of theft can not be calculated as theinsured amount, otherwise it will lead to arbitrariness and subjectivity of the amount of crime.Second, the " other especially serious circumstances" should be limited in the case of criminallaw, it is not supposed to include " Forbidden City "," exhibit "," destructive means " andother factors like this.Fourth, the revelation of studying the case. Through the analysis of the relevant case lawand the theory, it can be concluded three aspects of the revelations: First, it’s necessary toclarify the specific meaning of "other especially serious circumstances”; Second，confirmspecial goods amount calculation method for theft; Third, strengthen the conservation of TheForbidden City and its collections.