On The Application Of "Multiple Theft"

The life of the law lies in the realization, and the realization of the purpose of the criminal law cannot be separated from the specific application of the provisions of the criminal law. With the new judicial interpretation of the theft issued, the revised "multiple theft" is facing many challenges in the process of applying for the presiding judge. As a judicial organ in our country, the court decision is not only directly related to the rights and interests of the accused, but also has a lot of influence on the credibility of the judiciary. This paper is based on the relevant criminal law theory, and combined with the new "multiple theft” case verdict, put forward the current problems of the practice of the typical application, such as the multiple theft violations into the sin, the standard of the number of cases of theft, multiple theft cases involving cumulative amount of computation problem, multiple theft" into the crime of larceny forms identified problems, sentencing norms, etc. followed by an analysis of the crux of the problems, and put forward solutions to problems related at the end of the paper, in order to provide help for judicial practice. This paper is divided into four parts, a total of more than 30000 words.The first part is about the basic sort of multiple theft, being the starting point for the following writing anchoring. This part is subdivided as follows: the basic definition part pointed out that the "theft" from "multiple theft" from the 264 th article of the provisions refers to the theft violations that does not conform to the larceny other counts constitute a crime and shall be subject to administrative punishment; in the legislative history part, it introduced the "criminal law" correction about "multiple theft" legislation, and combined the relationship between “repeated theft " and " multiple theft ". In the judicial changes part, it introduces the different definition of the " multiple theft " from the related judicial interpretation, and points out that under the new situation, the identification of “multiple theft " current judicial system is showing a trend of expansion.The second part is about the investigation problem of “multiple theft”, taking 158 cases of multiple cases of theft as the sample to describe the status of the application of "multiple theft" through the screening of judgment of 3500 cases of theft. Combined with the typical cases, and put forward the typical problems faced by the “multiple theft” during the application process——in terms of conviction, there are such problems: the low threshold for conviction, the confusion of the standard of the identification of the number,etc; in terms of the measurement of penalty; there are problems including the imbalance of sentencing, and the sentencing reasoning is too brief, etc.The third part is about the analysis of the application of the "multiple theft" problems, putting forward that the typical application of the problem about "multiple theft" lies in the conception of criminal law, and the disregard of the principle of criminal law, such as the deviation of the intention of the criminal law, ignoring the relation between total specific provisions of criminal law, the violation of the sentencing of modern basic principles. The correct application of the provisions of "multiple theft" means to delimit criminal law reasonably, adhere to the status of protection of criminal law, and the realization of criminal law value; it also means to adhere to the principle of total sub relations of criminal law, and in the application of "multiple theft" it must combine the general provisions; at last, it means to adhere to the standardization of sentencing, avoid sentencing imbalance, adhere to strict with leniency basic requirements, not only to do the sentencing legal, but also to achieve reasonable sentencing.The fourth part is about the solution to the problem of "multiple theft", and puts forward the solution to the typical problems mentioned above. Firstly, single theft is illegal act that shall be subject to administrative punishment, so as to avoid the “multiple theft” crime circle becoming too large; secondly, the identification of the number of theft should adhere to the unity of subjectivity and objectivity, the standard should based on the thought of ordinary people, combining with the behavior of people's own ability, in order to distinguish different types of theft by the timing. "Multiple theft" should be distinguished with continuous theft, the amount of theft can not be accumulated; and the solution to sentencing problem should adhere to the principle of sentencing guidelines, reasonable application of circumstances of sentencing, and improvement of the content of sentencing reasoning, etc.