盗窃刑事立案标准研究

盗窃刑事立案标准长期落后于盗窃罪的发展和明显低于犯罪的起刑点 ,造成大量治安案件被立为刑事案件 ,使治安、刑事案件统计数字不能正确反映一方的违法犯罪形势。因此 ,盗窃刑事立案标准应以“有犯罪事实 ,需要追究刑事责任”为依据 ,与提起公诉和犯罪起刑点相一致。

Research on Standards for Criminal Registration of Theft

For long time, srandards for criminal registration of theft have lagged behind the development of theft and starting point of prison term. Its result is that many disorderly cases are defined as criminal cases, and that statistic of these two kinds of cases can not reflect criminal situation that transgress laws and crime. Therefore, standards for criminal registration of theft should be based on criminal facts and criminal responsibility. They should accord with prosecution and the starting point of prison term.