The Convicted Standards Of Larceny

Abstract:Larceny is one of the main basic types of criminal. The conviction standard of has not been amended for a long time, so there is a serious lag at the macro level with the following drawbacks:violating the modesty of the criminal law, being contrary to the principle of punishment Suiting, violating the principle of penalty necessity, being contrary to the criminal policy of combining punishment with leniency. From analyzing the standard of compliance with the social harm severity, the loss caused by minor usurpation theft, the benefits of reducing judicial burden, relieving the parties’burden involving litigation and improving efficiency, and the "crime label" on the defendant or the conviction standard amount of some other "Menthols type criminal", we can find that the amount of theft conviction standards needs urgent correction. The solution to the problems is to establish a dynamic mechanism of theft conviction standard, that is, to provide a unified and standardized level, using the data of annual per capita gross national product (GDP) of last year collected by the statistical department as the cardinality to determine the standard amount of crime. The advantage lies in being helpful to build a unified standard of conviction and sentencing across the country, as well as taking the economic differences into account. It is flexible, but not rigid or mechanical. It can avoid the awkward position to modify the standards again in a few years, while maintaining the stability of the law which will help law enforcement.