盗窃数额的若干问题

根据主客观相统一原则,作为犯罪构成之定量要素的“数额较大”,兼具主观和客观两方面含义,主观方面是指行为人以数额较大的财物为盗窃目标,客观方面是指目标物的实际价值数额较大。盗窃罪犯罪形态取决于行为人主观上所欲盗窃的价值与客观上目标物的实际价值的结合程序。行为人对目标财物的价值发生认识错误时,按事实认识错误的原则处理,这种事实认识错误的认定有其法哲学根据。

Some problems of the theft's amount

According the principle of the subjective unify with the objective, "the quantity is big" , as the quantitative factor of the crime composing, have the subjective and objective both sides meaning. The subjective aspect mean behavior person takes bigger wealth and properties of quantity as the theft target, the objective aspect mean that the net value quantity of the target thing comparatively great, the thieves and offense appearance is decided by the combination procedure which the behavior person subjective last net value of the worth and objective target thing'a true value that desire to steal. When the person's worth cognization to the target wealth is mistake, deal it in the principle of cognization mistake in fact. This kind of affirmation to fact understanding mistake have its legal and philosophical basis.