Research On The Amount Of Larceny

In view of the social security system that distinguishes administrative law breaking and criminal crime,and the legislative mode of qualitative and quantitative legislation,the amount plays an important role in many aspects,such as incriminating and incriminating,serious misdemeanor and attempted crime.With the introduction of class theory,it is necessary to redefine the systematic status of the crime quantity factor with Chinese characteristics.In this paper,the amount of this smaller perspective,to theft as the starting point and foothold,the amount of theft system status analysis,and for the amount of judicial determination of the problems.This paper is divided into three parts:The first part is an overview of the amount of theft.Through the legislative evolution of the amount of theft to explore the rationality of this element with Chinese characteristics;There are different categories of amount from different perspectives,including: expected amount and random amount,target amount and income amount,single amount and cumulative amount,total amount of crime,amount of participation and amount of sharing stolen goods;The amount is the important element of the quantity of larceny,the large amount is the basic element of larceny,and the huge amount is the important element of the aggravated crime of larceny.The second part is the amount of theft and the form of crime.It is clear that the attempted theft with huge amount(especially)of property as the target should be convicted and punished as the aggravated crime of theft.The attempted theft without clear target of huge amount(especially)of property includes the attempted theft with clear target of large amount of property and the attempted theft with the perpetrator’s intention to sum up the value of property.On the one hand,the attempted theft should exceed the requirement of "the circumstances are obvious,slight and the harm is not great".On the other hand,there should be a real and urgent danger of theft of large amount of property.The attempted theft does not constitute a crime when the perpetrator has a general intention to the value of property;In the amount of larceny and joint crime,the amount,which is the element of crime constitution,is temporarily separated from the elements of crime constitution.That is to say,referring to the qualitative behavior types of civil law system,the theory of accomplice is used to determine whether it constitutes "joint crime".On this basis,the factors of crime quantity with Chinese characteristics are introduced to determine the specific responsibility of each accomplice.The third part is the determination of the amount of theft.The determination of the amount should be based on the principle of objectivity and local conditions at that time.In price appraisal,the determination of cost method and market method should be based on whether to enter the circulation field,and the definition of circulation field should follow the principle of consistency of subjectivity and objectivity.The conclusion of price appraisal can be used as the basis of conviction and sentencing only after judicial review.In the case of inconsistency between subjective and objective amounts,the amount should be determined according to the scope of consistency.The amount of theft of network virtual property is determined according to whether the stolen goods are divided or not,and the judicial expertise experience of South Korea is used for reference to form a standardized identification method.