Research On Misunderstandings Of Object Value In Property Crime

In property crimes,the criminal law clause regards “larger amount”(object value of property offenders)as one of the conditions for the establishment of a property crime.When the perpetrator acts,the understanding of the objective value of the property infringed is inconsistent with the actual value of the property.At that time,how to determine the behavior of the actor,criminal law theory and practice is still controversial.In this paper,by means of progressive research,the crime of theft in property crime is the key analysis object,and the related theories and disputes of property crime are analyzed and demonstrated separately.By comparison and interpretation,the methods to solve the error of property crime are obtained.The research on the misunderstanding of the object value of property offenders is divided into three parts.The first part is the understanding of the object value of the property offender.In this section,the subjects of property offenders and property offenders are discussed.The scope of research is limited to the acquisition of property offenders and theft is the focus of research.Through the analysis of the definition of the property offense object,the value of the property committed by the property and the object value of the property offense,and the analysis of the theoretical controversy,it is concluded that the value of the property offense is a constituent element of the crime.The objectvalue of the property offense is objective,but the object of property offense is the understanding of value is subjective.On the constitution of crime,the knowledge of the object value of property offenders should belong to the category of subjective knowledge in criminal law theory.The second part is the misunderstanding of the object value of the property offender.In this part,it introduces the definition and classification of misunderstandings in criminal law,discusses the relationship between erroneous theory and epistemology,and concludes that cognitive error has the function of denying subjective intention to a certain extent,and further analyzes the misrepresentation of the object value of property crimes.It affects the subjective aspects of the actor.By comparing with the traditional classification of misunderstandings in criminal law,in defining the misunderstanding of the value of property offenders,it is considered that the misunderstanding of values is not a particular type of error in nature,but belongs to the misunderstanding of the object in factual misunderstanding.Then,in the principle of handling misconduct on the property offenders,the principle of consistent subjectivity and objectiveness in the recognition of facts is applied.In the category of misunderstanding of the object value of the property offense,it is further divided into the values that affect the value of conviction and the value errors that affect the sentencing.And analyze two typical types.The third part is the content of the misconduct of the object value of the property offender.In this part of the content,under the principle of consistent subjectivity and subjectivity,the specific assessment of the type of misconduct of the object value of the property offender in the judicial practice is analyzed.In the understanding of the object value of property offenders,the idea of "generalization intentionally" is adhered to.In terms of subjective and objective standards,adhering to objective standards should be based on the actual value of the property being infringed upon,subjective standards should be based on average standards and supplemental standards.In addition,on the concrete realization of thesubjective and objective agreement standard,the reference to the “presumption”proof method in the Anglo-American criminal law theory is introduced,and the two types of value misunderstandings overestimated property value ” and“underestimated property value” are highlighted and handled.method.Finally,the article also analyzes three special issues concerning the object value of property offenders in judicial practice,so as to achieve a correct understanding and application of the of the object value of property crimes.