Discuss The Amount Of Crime In The Crime Of Theft

The crime of theft is a natural crime in the theory of criminal law,the act of theft comes into being with the birth of human beings.Today,the crime of theft is still the most common crime in the criminal judicial practice and people's daily life,it is a hot issue in the theory of criminal law and criminal justice,and with the change of the crime of theft itself,with the change of criminal law and judicial interpretation of the relevant provisions of the crime of theft,the crime of theft is becoming a more and more difficult issue in the theory of criminal law.Find by hard and thorough search,these difficulties in the theory and practice are all related to the amount of crime in the crime of theft.So,a systematic study of the amount of crime in the crime of theft is of great significance to the research of criminal law theory and the guidance of criminal judicial practice,embodied in the judicial practice,it determines whether the conviction and sentencing of the perpetrators are correct or not.In this paper,I will analyze the amount of crime in the crime of theft.By combining with all aspects of the crime of theft,analyzing the issues of the amount of crime in the crime of theft conviction and sentencing,probing into the issues about the relationship between the amount of crime and the new acts of theft,the subjective and objective aspects of the crime of theft,the amendment of the crime of theft and the determination of the amount of crime in judicial practice,attract scholars to study more related problems of the crime of theft,clarify the position and function of the amount of crime in the crime of theft,correctly guide the practice of criminal justice.In this paper,I will analyze the amount of crime in the crime of theft through four parts.The first part is introduction,in this part,I mainly introduce the historical evolution of the crime of theft and the problems encountered in the judicial practice,show the position and function of the amount of crime in the crime of theft,and lead to the purpose of studying the amount of crime in the crime of theft.The second part is the first chapter,is the overview of crime amount,including the concept,the characteristics,and other basic issues of the amount of crime,lay a theoretical foundation for the studying of the combination of the crime of theft.The third part is the second chapter,is the issue of the relationship between the crime of theft and the amount of crime.In this part,I will introduce the relationship between the objective aspect and the subjective aspect of the crime of theft,the relationship between the amendatory composition of the crime of theft and the amount of crime,including the relationship between the objective aspect of crime and the amount of crime,the general understanding of the amount of crime committed by the perpetrator,the wrong understanding of the amount of crime committed by the perpetrator,the relationship between the cognitive elements of the actor and the amount of crime in the special acts of theft,the relationship between completed crime and the uncompleted crime and the amount of crime,the relationship between the common crime of theft and the amount of crime,clarify the relationship between the content of the subjective and objective aspect of the crime of theft and the amount of crime,point out the influence of the amount of crime on uncompleted crime,and point out how to determine the amount of theft crime in common crime,correctly judge the controversial issues in the crime of theft,including the completed crime and the uncompleted crime.The forth part is the third chapter,is the issue of the determination of the amount of crime of theft in judicial practice,including the issue of the determination of the amount of crime under the general mode of theft,the issue of the determination of the amount of crime under the special mode of theft,the issue of the determination of the amount of crime under the completed crime and uncompleted crime,the issue of the determination of the amount of crime in common crime.Through studying these issues,I hope I can clarify the position and function of the amount of crime in the crime of theft.Finally,I will make a summary of the whole thesis so that can care the legislative and judicial.