Theft, refers to the illegal possession for the purpose of secretly stealing a larger amount of public and private property or repeatedly stealing public and private property secretly. (A) object elements The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, which generally refers to movable property, but the attachments on the immovable property can be separated from the immovable property, such as the crops on the field, the trees on the hill, the doors and windows on the building, etc., which can also become the object of this crime. In addition, energy such as electricity and gas can also be the object of this crime. The object of theft is the ownership of public and private property. Ownership includes the power of possession, use, gain, disposal and so on. Here the ownership generally refers to legal ownership, but sometimes there are exceptions. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (hereinafter referred to as the "Interpretation"): "If the theft of contraband is dealt with according to the crime of theft, the sentence shall be imposed in accordance with the severity of the circumstances, regardless of the amount. Theft of contraband or property unlawfully possessed by criminals also constitutes the crime of theft." The object violated by the crime of theft is public and private property, and such public and private property is characterized as (1) capable of being controlled and possessed by people. Property capable of being controlled and possessed by people must be something tangible that can be recognized based on the functions of the five senses. Control and possession are de facto domination. This domination is more than mere physical, tangible domination. Sometimes possession can be said to be a social conception, and the nature of the object, the time and space in which it is situated, etc., must be taken into account, and the general conception of society must be followed in deciding whether or not something has been possessed. Sometimes, even in cases where physical or tangible domination is not possible, possession can be considered as a social concept. For example, a watch or a ring that cannot be found within the confines of one's own house is not out of possession. For example, livestock that has not returned to its owner's house or to its owner's habitual surroundings is still in the owner's possession even if it has left the owner's house. Property that was moved out and left by the side of the road in order to temporarily evacuate during an earthquake is still in the possession of the owner. Fish and pearl oysters kept in a farm belong to the farmer. Watches, rings, livestock, fish, etc. can still be the object of theft. With the development of science and technology, intangibles can also be controlled by people, can also become the object of theft, such as electricity, gas, big brother code number. Can not be controlled by people's sunlight, wind, air, airwaves, magnetism, etc. can not be the object of theft. (2) has a certain economic value, the economic value is objective, can be measured in monetary terms, such as securities. With subjective value (such as letters of commemorative significance) and almost valueless things. Then can not become the object of our theft offense. Theft perpetrator if these worthless property stolen out, through the sale or exchange, obtained valuable property (equivalent to the amount of stolen goods), and the amount of money, then the crime of theft. (3) Capable of being moved. All movable and immovable property on the attachment may become the object of the crime of theft. Such as mined stones, from the natural state of the sand put back in a certain range, put in the salt water in the saltworks, trees on the ground and so on. Real estate can not become the object of the crime of theft, theft and sale of real estate, is not the owner to deal with ownership, the sale relationship is invalid, belongs to the civil real estate disputes, can not be dealt with according to the crime of theft. (4) The property of others. Theft is not possible to steal their own property, the object of his theft is "other people's property". Although their own property, but by other people's legal possession or use, also regarded as "other people's property". Such as consignment, consignment, rental goods. However, there are also cases in which property legally owned, used, or disposed of by one's own person is also considered to be "another's property". For example, an employee who sells goods in the owner's store monitors, controls, and sells the goods in reality, a warehouseman receives the inventory, and a traveler borrows a TV from a hotel. Forgotten property is the forgotten person lost but know where the property, mostly in the forgotten person within the scope of domination, its ownership or possession still belongs to the forgotten person, also regarded as "other people's property", lost property is the owner of the lost and do not know where the property. The perpetrator of the lost property shall be dealt with in accordance with the General Principles of Civil Law, and generally does not constitute a crime. Unclaimed property is property abandoned by the owner, and uninherited heritage. Possession of unowned property does not constitute a crime. Abandoned property belongs to the first possessor. Possession of uninherited heritage shall be returned to the State or the collective. Buried and hidden objects are not unowned property. According to the General Principles of the Civil Law, "Buried and hidden objects whose owners are unknown shall be owned by the State." Theft and excavation of tombs and burials, and the theft of property in large amounts, are punishable as theft. The Law on the Protection of Cultural Relics stipulates that "Private excavation of ancient cultural sites and ancient tombs shall be punished as theft." (5) Some special property cannot be the object of theft despite the above four characteristics. Such as firearms, ammunition, transformers in use. Different property or the same property in a different location, state, it shows the different social relations, as the object of the crime, it represents the object of the crime is also different. Such as the theft of communication lines on the wire constitutes the crime of destroying communication facilities, the theft of the wire in the warehouse constitutes the crime of theft. Because the former direct object is the communication aspect of the public **** security, while the latter direct object is the ownership of public and private property. The theft of firearms and ammunition constitutes the crime of theft of firearms and ammunition, not theft. Because it violates the object is public **** security. (6) theft of their own homes or close relatives of the property, according to the "Interpretation" generally may not be dealt with as a crime. There is a need to pursue criminal liability, in dealing with the community should also be differentiated. Close relatives refers to husband, wife, father, mother, son, daughter, siblings. Theft of property of close relatives shall include theft of property of close relatives living apart, theft of property in their own homes, that is, including *** with the property of close relatives living together, including theft *** with the property of other non-close relatives living together. Family members colluding with outsiders to steal their own home or the property of close relatives, belongs to *** with the theft behavior. If it constitutes the crime of theft, criminal liability shall be investigated according to law. This situation of family members should also be treated differently from other accomplices in society. (B) the objective elements of this crime in the objective aspect of the behavior of the perpetrator has a large amount of public and private property secretly stolen or repeatedly secretly steal public and private property. The so-called secret stealing refers to the behavior of the perpetrator to take the property secretly by adopting the method that the perpetrator thinks not to be detected by the owner, the custodian or the person who handles the property. It has the following characteristics: (1) secret stealing means that the process of obtaining property is not discovered and is carried out in secret. If the process of taking the property, was found by others to stop, and still force to take, is not a secret theft, constitutes a crime, should be robbed or robbery, if the property is not found, but the property stolen to the hand that is found, and then openly carrying the property to escape, still belongs to the secret theft, to be punished as theft; if the use of deception, divert the attention of the victim, and then unknowingly take the property of the case still constitute Under the property still constitutes a secret theft; if beforehand by people are not prepared, sneak into a place, in the process of no one to find out secretly take the property, also for the secret theft. (2) Secret theft is for the owner, custodian and handler of the property, i.e., the owner, custodian and handler of the property do not realize it. In the process of stealing property, as long as the owner, custodian or handler of the property does not realize it, even if it is discovered by other people, it shall be the crime of secret stealing. (3) Secret stealing means that the perpetrator thinks that he has not been discovered by the owner, custodian or handler of the property. If in the process of taking the property, in fact, has been discovered for the victim, but the victim for various reasons did not stop, the perpetrator is not aware of the discovery of the property, the property taken, still for the secret theft. If the perpetrator has been known to others even if the victim did not prevent the discovery and still take, behavior with the public nature, then no longer belongs to the secret stealing, constitutes a crime, but also according to the nature of its behavior in order to rob or robbery, as for the way it is a variety of ways, some of which are to take the locks and break down the doors, holes jumping out of the window, pretending to be looking for a person such as room burglary; there are in the public *** place to cut the bag out of the pocket, take the goat for Theft; and so on. But regardless of its form, as long as the nature of the secret theft, can constitute the crime of theft. Secret theft of public and private property must reach a larger amount or not reach a larger amount but the implementation of a number of theft, in order to be recognized as a crime. If the amount does not reach the larger and the number of theft does not reach a number of times, can not constitute the crime. The larger amount generally refers to the actual theft of a larger amount of property. The perpetrator did not actually obtain the property, that is, attempted theft, generally should not be treated as a crime. However, if the theft of large sums of money, precious fee cultural relics and other valuables as the goal, sneak people banks, museums and other attempted theft, should still be considered as constituting the crime of attempt to pursue their criminal responsibility. The so-called larger amount, according to the provisions of the Interpretation, refers to the individual theft of public and private property valued at RMB 500 yuan to more than 2,000 yuan. The so-called multiple times, refers to a certain period of time, that is, within one year, burglary or pickpocketing in public *** place more than 3 times. According to the provisions of this article, constitute the crime of theft to theft amount to a larger or the number of times to a number of times, otherwise it does not constitute a crime. However, according to the provisions of Article 6, paragraph 1 of the Interpretation, the theft of public and private property close to the starting point of the "larger amount", with one of the following circumstances, can still be held criminally liable: (1) destructive means of theft resulting in loss of public and private property, (2) theft of persons with disabilities, widows and orphans, or loss of ability to work of people's belongings, (3) causing serious consequences or have other bad circumstances. This is an expanded interpretation, should pay attention to grasp. (C) the main elements of the main body of this crime is a general subject, where the age of criminal responsibility (16 years old) and have the ability to criminal responsibility can be constituted. Modification of the subject is an important part of the modification of the crime. According to the original criminal law, has reached the age of l4 years old less than 16 years of age of juvenile crime of habitual theft, grand larceny, shall be held criminally liable. This law has canceled this provision. (D) the subjective elements of this crime in the subjective aspect of the performance of direct intent, and has the purpose of illegal possession. Intentionality of the crime of theft includes: (1) the perpetrator is clearly aware of the object of the theft is the property owned or possessed by others. The perpetrator just based on the general cognitive ability and social common sense, deduce that the object is owned or possessed by others. As for the owner or possessor of the property is who, does not require the perpetrator has a clear and specific foresight or awareness. For example, a bicycle placed outside a dormitory, a flock of ducks in a river that is temporarily unattended, luggage on the luggage rack of a bus, etc. If the perpetrator negligently mistook another person's property for his own to take, after the discovery to be returned, due to the lack of intentional content and illegal possession of the intent, not established theft; (2) the consequences of the theft of foresight. Such as into the bank to steal the safe, with the intention of stealing a huge amount or particularly large property. Entering a museum with the intent to steal cultural relics. Such a criminal intent, indicating the burglar intends to cause harm to society, also shows the social harm of its behavior. According to the principle of subjective and objective consistency, the Interpretation stipulates that "attempted theft, the circumstances are serious, such as a larger amount of property or national precious cultural relics as the target of theft, the government should be convicted and punished." Illegal possession includes not only possession by oneself, but also for a third party or collective possession. Illegal theft and possession of property, and then destroyed, gifted to others or illegal possession by others, is the offender of the property handling issues, can not change the nature of its illegal violation of property ownership, does not affect the establishment of the crime of theft. If a property without the consent of the owner, temporary misappropriation or borrowing, without the purpose of illegal possession, ready to return after use, can not constitute the crime of theft. If it constitutes other crimes, this situation can be considered as a circumstance. There are some cases of car theft is such a situation. Second, the determination of (a) the boundaries of the crime and non-crime of certain with petty theft behavior, due to the disaster of life difficulties occasionally steal property, or coerced to participate in the theft of the activities did not share the spoils or share the spoils of very little, may not be dealt with as a burglary, if necessary, by the competent authorities to be appropriately punished. The theft of one's own home appliances or property of close family members to distinguish from the crime of theft in society. The Interpretation provides that such cases may not be dealt with as a crime in general; if there is a need to pursue criminal responsibility, it should be dealt with differently from those committed in society. According to the provisions of the "Interpretation", although the theft of public and private property has reached the starting point of the "larger amount", but the circumstances are minor, and has one of the following circumstances, may not be treated as a crime, ""。 L, has reached the age of sixteen less than eighteen years of age of minors; 2, all the return of stolen goods, compensation; 3, the initiative to surrender; 4, coerced to participate in the theft activities, did not share the stolen goods or less stolen goods; 5, the other circumstances are minor, less harmful. (B) attempted and attempted theft on the attempted theft standard, the theory of contact, transfer, concealment, out of control, control, out of control plus control. We advocate out of control plus control, that is, the theft has made the victim has lost control of property, or the perpetrator has control of the stolen property, are attempted. The victim's loss of control and the actor's control is usually unified, the victim's loss of control implies the actor's control. However, there are also inconsistent situation, that is, the victim lost control, but the perpetrator did not control the property, which should also be recognized as an attempted theft, because the law to protect the legitimate rights and interests for the purpose of the distinction between attempted and attempted in the end is the difference between the social harm. As far as the crime of theft is concerned, the degree of harm does not lie in whether the perpetrator controls the property, but whether the victim has lost control of the property. Therefore, even if the perpetrator did not control the property, but as long as the victim lost control of the property, also established attempted theft, there is no reason to attempt. For example, the perpetrator, with the purpose of wrongful possession, threw other people's property from the train to the side of a remote track with the intention of retrieving the property after getting off the train. Another example is when the perpetrator, with the purpose of unlawful possession, hides a gold ring that another person has placed in the bathroom in a hidden place with the intention of removing it later. In this case, even if the perpetrator does not have control of the property later for some reason, because the victim loses control of the property, it should be considered an attempted theft and not an attempt. It should be noted that, in the determination of the crime of theft and attempt, must be based on the nature of the property, form, size, the victim's possession of the property, the perpetrator of the theft of the sample to judge. Such as shoplifting, the size of the property is very small, the perpetrator will be the property under the armpit, put in the pocket, hidden in the arms of the attempt; but the size of the property is very large, only to move the property out of the store can be recognized as an attempt. Another example is the theft of factory property, if the factory is anyone can enter and exit, the property will be moved out of the original warehouse, workshop is accomplished; if the factory access is quite strict, out of the gate must be checked, then only the property will be moved out of the gate is accomplished. In the case of theft by an indirect perpetrator, if the person being utilized has control of the property, the attempt should be deemed to be accomplished even if the person utilizing the property has not yet taken control of it. In our opinion, a blanket to the perpetrator of actual control of property for the completion of the standard view, too much attention to the subjective malignancy of the perpetrator, but belittled the protection of legitimate rights and interests; over-emphasis on the form of theft, but belittled the essence of the theft. (C) the boundaries of this crime and other crimes and offenses. l. Theft of radio and television facilities, public telecommunication facilities worth a small amount, but constitutes a crime against the public **** security, in accordance with the provisions of Article l24 of this Law shall be convicted and punished; the theft of radio and television facilities, public telecommunication facilities at the same time constitutes the crime of theft and the crime of destroying radio and television facilities, public telecommunication facilities, the choice of a felony punishment. 2. Theft of in-use Theft of electrical equipment in use, constitute both the crime of theft and the crime of destruction of electrical equipment, choose a felony punishment. 3, for the theft of other property, theft of motor vehicles as a tool of crime, the value of the stolen motor vehicles counted in the amount of theft; theft of motor vehicles in order to carry out other crimes, to the theft of other crimes committed by the implementation of the crime and the implementation of the other crimes are punishable by a combination of several crimes. In order to implement other crimes, stealing a motor vehicle when the instrument of crime to use, the stolen motor vehicle back to the original place or parked near the original place, the vehicle is not lost, according to the crime they have committed the heavier punishment. 4, for the purpose of practicing driving, amusement, etc., many times to steal a motor vehicle, and the motor vehicle is lost to the conviction of the crime of theft and punishment: in the process of stealing a motor vehicle in the process of a traffic accident constitutes a crime, but also Constitutes other crimes, shall be a traffic accident and other crimes to implement the multiple punishment; stealing a motor vehicle causing damage to the vehicle, in accordance with the provisions of Article 275 of this Law shall be convicted and punished; occasionally stealing a motor vehicle, the circumstances of the crime may not be considered as a crime. 5, the implementation of the theft of crime, resulting in the destruction of public and private property, the crime of theft, the heavier penalties: and constitutes another crime, the selection of a felony shall be punished severely; the theft of public and private property does not constitute a crime of theft, the heavier penalties; the theft of public and private property does not constitute a crime of theft. Public and private property does not constitute the crime of theft, but because of the use of destructive means to cause the destruction of public and private property damage to a larger amount, the crime of intentional destruction of property convicted and punished. After the theft, in order to cover up the theft or retaliation, etc., intentionally destroying public and private property constitutes a crime, should be the crime of theft and other crimes constitute the implementation of several crimes and penalties. 6, the theft of technical achievements and other commercial secrets, in accordance with the provisions of Article 219 of this Law shall be convicted and punished. 7, the use of poisoning, explosion method of stealing fish of the nature of the crime problem. If it is for the purpose of theft, poisoning or blowing up a larger number of fish and stealing them without causing other serious consequences, it shall be criminalized as theft; if, without regard to the safety of human beings and animals, a large number of highly poisonous drugs are put into a pond for drinking, or a large number of explosives are thrown into the water near a dam or other public **** facilities, which seriously endanger the safety of the public **** and cause serious injuries or deaths, or make public or private property suffer great losses shall be convicted of poisoning or explosion; if it is for the purpose of stealing fish or taking private revenge, putting a large quantity of highly poisonous drugs into a fish pond, seriously polluting the water quality, poisoning the fish in the whole pond, causing serious damage to the collective or individually-contracted fish-farming production, and causing serious losses, it shall be convicted of destroying the production and operation of business, and at the same time shall also ascertain the source of the poisons or bombing artichokes, and shall be punished from a felony for the guilt of the other crimes involved. 8. Stealing of Forest Trees Nature of offense. If a person secretly steals and cuts down a forest or other woods in violation of the forest regulations of Bohu, under serious circumstances, as otherwise provided in the sub-rule of this Law, it constitutes the crime of stealing and cutting down woods, and shall not be punished as the crime of theft; if it is not stealing and cutting down growing woods but stealing woods that have already been harvested, or stealing and cutting down the scattered trees planted in front of other people's houses or on their own lands in a larger amount, then it shall be constituted as the crime of theft. 9. For the theft of valuable cultural relics. If only theft, should be convicted of theft; in the theft process of destroying valuable cultural relics, monuments and sites, according to the crime of theft or destruction of valuable cultural relics, monuments and sites of a felony in the crime of aggravated penalties. l0, the theft of graves, theft of a larger amount of property, shall be punished by the crime of theft; although not stolen property or stolen a small amount of property, such as serious cases, should be punished by the crime of theft; if a small amount of theft, the circumstances If the circumstances are minor, the public security organs may impose public security penalties at their discretion; if a person steals or excavates an ancient cultural site or tomb, he or she shall be punished in accordance with the provisions of Article 328 of this Law.11. If a person intentionally steals firearms, ammunition, explosives, or official documents, papers, or seals, he or she shall be convicted of the crime of theft of firearms, ammunition, or explosives, or the crime of theft of documents, papers, or seals in accordance with law, and shall not be guilty of the crime of theft, since the theft of a specific object is stipulated in the Penal Code. Handbag accidentally found in the put guns, ammunition, due to no theft of firearms, ammunition intentionally, should still be punished for theft; if the theft of handbags found within the firearms, ammunition about and private possession, it constitutes the crime of possession of firearms, ammunition. l2, the theft of railroad lines on the parts of the marching equipment, components or equipment on the railroad line, endangering the safety of the train, constituting a crime, according to the September 7, 1990 adoption of the Railroad Law, the crime of destroying transportation equipment shall be punished as the crime of destroying transportation equipment. l3. The nature of the crime of stealing a check to fraudulently pay cash or fraudulently purchase goods. Stealing traveler's checks purchased by others, imitating the signature of the owner, cheating cash or fraudulently purchasing goods, stealing blank checks that have been stamped by a unit, filling in the unit of receipt and the amount of money, and fraudulently purchasing goods, if the amount is larger, generally constitutes the crime of theft. The perpetrator although the use of deception, but he used covert theft means to obtain the check is decisive, and cashing or shopping is to continue to complete the theft, and ultimately suffered the loss of the check individuals or units. Therefore, it should still constitute the crime of theft, and not constitute the crime of bill fraud. If the thief colludes with others to impersonate the person or unit issuing the check to cash or shopping, the latter if you know the check is stolen, constituting the crime of theft **** offenders; if you don't know the check is stolen, he impostor, fictitious facts, the use of deceptive methods of possession of property can be defined as the crime of bill fraud. 14, according to article 210, paragraph 1 of this law, the theft of value-added tax special invoices or can be be used to fraudulently obtain export tax refund or other invoices for tax deduction. According to Paragraph 2 of Article 253 of this Law, if a postal worker privately opens or conceals or destroys mail or telegrams and steals property, he or she shall be convicted and punished severely in accordance with the provisions of this Article. 16 Referring to the "Approval Reply of the Supreme People's Procuratorate to the Characterization of Cases in which Non-Postal and Telegraphic Workers Unlawfully Opened and Opened Others' Letters and Stole Property from Them" of September 15, 1989, a non-postal worker who is not a member of the postal service is liable to be convicted of the crime of "theft" and "fraud". The provisions of the Approval Reply of the Supreme People's Procuratorate of 15 September 1989 on the Characterization of Cases of Illegal Opening and Opening of Other People's Letters by Non-Postal and Telecommunication Personnel and Stealing of Small Amounts of Property from Them or Stealing of Bills of Exchange or Remittance Checks and Fraudulently Obtaining Money from Them are not too large, and they will be punished more severely in accordance with the Criminal Law on the crime of infringing upon the freedom of communication. Non-postal and telecommunication personnel who unlawfully open or open another person's mail, violating citizens' right to freedom of communication, under serious circumstances, and stealing a small amount of property from it in a relatively large amount, shall be severely punished in accordance with the principle of the absorption of misdemeanors into felonies, in accordance with the provisions of the Criminal Law on the crime of theft.17 Theft of credit cards and the use thereof shall be punishable by theft in accordance with the provisions of article 196, paragraph 3, of the present Law. The amount of theft shall be determined on the basis of the amount of the perpetrator's use of the credit card after theft. Penalties According to this Article, there are four sentencing ranges for this crime, namely: 1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be fined in addition to or in addition to a single fine. The so-called "larger amount", according to the Interpretation, refers to the personal theft of public or private property valued at RMB 500 yuan to more than 2,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the larger amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, the theft of national third-grade cultural relics shall also be sentenced in accordance with this range, i.e., imprisonment of less than three years, detention or control, and a fine or a single fine. Sentenced to a fine, according to the Interpretation of Article 7, should be more than 1,000 yuan of the amount of theft of less than two times the amount of the fine; for the law should be sentenced to a fine, but not the amount of theft or unable to calculate the amount of theft of the offender, should be more than 1,000 yuan of 100,000 yuan of the following sentence of a fine (the same below).2, the crime, the circumstances of the crime, shall be sentenced to more than 3 years of imprisonment of more than 10 years, and sentenced to a fine. The so-called aggravating circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the Interpretation, refers to the personal theft of public or private property valued at RMB 5,000 yuan to more than 20,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the huge amount is 250 copies. Other aggravating circumstances refer to other aggravating circumstances other than the huge amount. According to the Interpretation of Article 6, paragraph 3 of the provisions of the theft amount reaches the starting point of the "larger amount", and has one of the following circumstances, can be recognized as "other serious circumstances": (1) the primary elements of the criminal group or * * * the same crime with serious circumstances (1) the principal of the criminal group or * * * the same crime in serious circumstances; (2) the theft of financial institutions; (3) the serious harm of roving crimes; (4) recidivism; (5) resulting in the death of the victim, mental disorders, or other serious consequences; (6) the theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical supplies, resulting in serious consequences; (7) the theft of means of production, which seriously affects the production of the (8) caused other major losses. In addition, according to the "Interpretation" Article 9, paragraph l of the provisions of the theft of national secondary cultural relics, should also be based on the range of the maximum penalty that is sentenced to more than 3 years of imprisonment for less than 10 years, and a fine. 3, guilty of this crime, the circumstances are particularly serious, shall be sentenced to more than ten years of imprisonment or life imprisonment and a fine or confiscation of property, the circumstances are particularly serious, refers to the amount of a particularly large or other particularly serious circumstances. The so-called "especially large amount", according to the Interpretation, refers to the personal theft of public or private property valued at RMB 30,000 yuan to more than 100,000 yuan. Theft of value-added tax invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the particularly huge amount is 2,500 copies. Other particularly serious circumstances refer to other particularly serious circumstances in addition to the particularly huge amount, and according to the provisions of Article 6, Item 3 of the Interpretation, the theft of an amount that reaches the starting point of "huge amount", and the amount of the theft reaches the starting point of "huge amount". "The starting point, and has one of the following circumstances, can be recognized as" other particularly serious circumstances ": (1) the primary elements of the criminal group or * * * with the seriousness of the crime of the main offender; (2) theft of financial institutions; (3) the seriousness of the harm of the roving; (4) recidivism; (5) the death of the victim, the mental health of the victim, the death of the victim, the death of the victim, the death of the victim, the death of the victim, the death of the victim and the death of the victim. (6) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical funds, resulting in serious consequences: (7) theft of means of production, seriously affecting the production; (8) causing other major losses, in addition, according to the "Interpretation" of the provisions of Article 9, paragraph 1, the theft of cultural relics at the national level, but also in accordance with the range of sentencing that is, the punishment of More than 10 years of imprisonment or life imprisonment, and a fine or confiscation of property. 4, the crime, with the theft of financial institutions, the amount is particularly large or the theft of precious cultural relics, one of the circumstances of the seriousness of the crime, shall be sentenced to life imprisonment or death penalty, and confiscation of property. The so-called theft of financial institutions, refers to the theft of financial institutions, securities and customer funds, such as depositors' deposits, bonds, other money, enterprise settlement funds, stocks, excluding the theft of financial institutions, office supplies, transportation and other property. According to the Interpretation of Article 9, paragraph 3: "theft of precious cultural relics, the circumstances are serious", mainly refers to the theft of national cultural relics caused by the destruction, loss, can not be recovered; the theft of national cultural relics of the second level of more than three or more or the theft of national cultural relics of more than one and with the interpretation of the interpretation of the interpretation of Article 6, item 3, paragraph 1, 3, 4 and 8 of the provisions of the situation One of the behavior. 5, in the *** with the theft crime, each *** prisoners based on *** with the same intention to implement the *** with the criminal behavior, should be *** with the theft behavior caused by the harmful consequences of responsibility. Hearing *** with the same theft crime case, should be based on the specific circumstances of the case on each defendant to deal with separately: (1) for the criminal group of the prime mover, should be in accordance with the total amount of the group's theft punishment; (2) for the *** with the crime of the other principal offender should be in accordance with the amount of their participation or organization and direction of *** with the theft of the amount of punishment. (3) for *** with the crime of accessory, shall be in accordance with the amount of their participation in the *** with the theft to determine the range of punishment, and in accordance with the provisions of paragraph 2 of Article 7 of this Law, lighter, less severe punishment or exemption from punishment. 6, for the law should be sentenced to a fine for the theft of criminals, shall be in a dry yuan or more than the amount of theft of up to twice the amount of the penalty; for the law should be sentenced to a fine for the criminal, but there is no theft of the amount or unable to calculate the amount of theft. Amount or can not calculate the amount of theft criminals, shall be sentenced to a fine of one dry yuan or less than 100,000 yuan.