Research On The Affirmation Of Non Amount Of Theft

Since the establishment of the 8th amendment of Criminal Law. some scholars divided the crime types into ordinary ones and specific ones. Subdivision theft is both theoretically and practically significant. Theft crime can be subdivided into the “amount” type and non amount type. Mon amount theft is based on the purpose of illegal encroachment, stealing public and private property. Repeatedly, in the method of getting into citizen’s house keep lethal weapons, pickpocketing, etc. The amount theft is based on the purpose of illegal enforcement, it’s a behavior of stealing large amount of public and private property. The essential difference between these two crimes is that the objective element’s are different, the former is that the objective elements are different,the former is featuring in the behavior, the latter stresses the large amount. In this sense, two different affirmation standards are established, based on the “amount theft” and “non amount of theft”.The completion of objective elements is the theoretical basis of the accomplishment of theft crime affirmation. Four different objective crime elements lead to different affirmation standard. Four amount theft and non amount of theft. Specifically, in “several theft”, “several” is the reaction of objective crime elements, it also illustrates the subjective malignant depth. The affirmation form is based on there theft actions in two years without criminal publishment. Burglary theft influences personal safety, burglary affirmation is the start of the theft action. In the type of “with lethal weapon ”, “lethal weapon” is an assistant way in theft, belonging to the objective element of non amount of theft. It reflects the criminals subjective viciousness, and personal danger, the infringement of legal interests include property rights and personal rights. pickpocketing is harmful to public order and good morals, legal property interests, personal interests, and the dignity of law. Pickpocketing also has the feature of secreting. The completion of pickpocketing begins with the behavior of pickpocketing others’ property in public places. The difference among the four objective elements of each affirmation standard, in other words, it includes specific standard and the affirmation standard of “amount theft” and “non amount of theft”. when it is according to one of these affirmation standards, the conflict of theft crime affirmation could be solved, thus, accomplish the unification of the affirmation standard of various theft crimes.