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盗窃罪是最常见的侵犯财产权利的犯罪之一,盗窃数额是据以定罪量刑的重要因素。认定盗窃数额一方面联系着刑法的基本理论,一方面紧密结合着具体司法实践。盗窃数额的认定标准包括主客观两方面,在司法实践中直接关系着盗窃行为的罪与非罪、盗窃行为人刑事责任的大小。本文选取具有代表性的疑难案件为切入点,分析和探讨了盗窃数额的认定问题。
Theft is one of the commonest crimes against property rights. The amount of theft is an important factor in the conviction and sentencing. On the one hand, it is concluded that the theft amount is related to the basic theory of criminal law and on the other hand, it is closely integrated with specific judicial practice. The criteria for the identification of the theft amount include the subjective and objective aspects, the criminal responsibility of the non-crime and the theft who are directly related to the theft in judicial practice. This article selects the typical difficult cases as the starting point, analyzes and discusses the identification of the theft amount.