On The System Position And Judicial Cognizance Of The Amount Of Larceny

Theft has always been the focus of theoretical research,but also a common and high incidence of property crimes in judicial practice.According to our country "criminal law" regulation,theft can be divided into two types: theft behavior type(refers to implement "pickpocket" and "theft","hand theft" and "a burglary" for comparison with the standard of theft)type and amount of theft(refers to steal "relatively large" property for comparison with the standard of theft),the latter emphasis to the research of this paper."Amount" is the regulation to the amount of crime,the amount in larceny cent is basic amount and aggravating amount,basic amount namely larceny law in the provision "amount is bigger",aggravating amount is divided into two range: "amount is huge" and "amount is especially huge".Although some scholars have studied the amount of larceny,there are still many controversial issues.The root cause of the dispute lies in the unclear positioning of the amount system,which leads to differences in the identification of the responsibility for theft and the identification of the crime form.Therefore,the definition of the amount of theft in the criminal law system is the premise to solve its judicial application.This article will start from the idea of "concept-system position-judicial confirmation".Firstly,the concept of "amount" and "number" is not strictly distinguished.This paper defines the concept of "amount" in theft.Secondly,the basic amount of the positioning system is defined as factors of constitutive requirements,increase the amount is defined as aggravating factors of constitutive requirements,the amount as theft intentionally the understanding of the content,thus further know amount from the perspective of criminal law evaluation error,analyzed the basic amount and the theoretical basis of the increase amount has failed to build a logical self-consistent theory system as the goal,to further explore and solve difficult problems in the judicial practice to provide reliable and full theoretical guidance;Finally,based on the comprehensive and closer look at the amount of theft in the specific provisions of criminal law and judicial explanation exists in the form and law,analyze the gaps existing in the current regulations,the disputes in judicial practice analysis,find and solve the amount determined in practice,the important and difficult problems faced in the amount in order to maximize the elimination of theft in the view of misunderstanding and disputes exist in the criminal law applicable,provide feasibleand practical advice for judicial practice.