Analysis Of The Crime Of Theft Conviction Mode By The Zhang Yansheng's Theft

Zhang Yansheng's behavior of using “picked up SIM card” on the Internet created a vast costs, this case sparked the whole society. The author cites the case's first-hand data, combined with related criminal law theory and judicial practice experience when he learned in the college. He deeply analysis this cases from related behavior in analyzes the constitutive requirements of the case of larceny in the conclusion: this case belongs to the larceny. At the same time, he put forward his evaluat ion opinions and critical conclusion, that is, according to the principle of consistent subjective and objective, Zhang Yansheng should take mainly responsible of the missing Internet traffic fee. However, the price of this part traffic should have the difference way to value instead of the normal channel. At the same time, through the detect causes of larger social dispute, the author deeply analyzed this case, based on two conviction patterns in abroaddual convict ion pattern and single conviction pattern, he did some research to the conviction for larceny pattern, and analysis both of the advantages and disadvantages of each pattern. Connected to the current judicial practice in our country's combined conviction mode of larceny--- "only amount theory" are the distinctive features of concept. The author in-depth analys is the difference kinds of conviction pattern, finally he concluded that: “in the present conviction pattern of our judicial practice, the judges and other judic ial workers have always putting the wrong place of the "qualitative elements" and "quantitative elements". And then some questions are rising up, how to balance the two elements statues ? How to find the correct way to conviction and protect the human's real right? Followed by these questions, the author have tend to making a few contribution to our countries conviction law system through this profound case.