意外天价盗窃案的刑法适用问题分析——以黄某盗窃案为例-analysis on the application of criminal law in the case of unexpected high price theft —— taking huang mous theft case as an example.docxVIP

1 1 2 2 Abstract Theft, which has a important position in the state administration. In the history, crime of theft has plural subject, widely victim, heavy social harm, to some extent, which is the source of evil. Meanwhile, with the development of the legal society, citizen’s right consciousness is awaken, the difficult problems of theft crime is growing. Theft, as a traditional issue, although many people have made considerable progress, but there is still need further research, the applicability of criminal law on accident astronomical theft is one of them. Accident astronomical theft refers to that behavior of people based on all kinds of subjective and objective reasons and not able to accurately recognize the real valve of the stolen property, leading to serious inconsistency to its subjective cognition, therefore result of accident astronomical theft. In judicial practice, there is no clear uniform standard about how to regulate the conviction and sentencing of the cases, which makes a huge difference in similar cases, and has been plagued our judicial practice. In this article, it is based on the case studies and all of the cases are from practice. when steal actor’s subjective cognition isn’t serious inconsistency to objectivity, how to judge the subjective intention of the actor, how to calculate the quantity of theft, and how to convict and sentence. Which leads to discuss the theoretical issues of what is the legal status of quantity of theft in crime, whether the steal actor is required to cognize the value of the theft property, error cognition of fact’s classification and principle of punishment. In this paper, about 2.5 million words, in addition to the introduction of the main contents, this article also includes four parts: The first part is the essential case. First, this section introduce the essential case for the theft case of Huang. Second, lists the main focus of the prosecution and defendant. Third, combined with the essential case and disag