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Why is there a huge difference between the punishment results of breach of contract and theft of property?
(a) theft of financial institutions, the amount is particularly huge;
(2) stealing precious cultural relics, if the circumstances are serious. Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases, the criteria for determining theft of public or private property are as follows:
(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount".
(two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount". 3) If the value of personal theft of public or private property is more than RMB 30,00010,000, it shall be deemed as "extremely huge". The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph. Article 6 When trying a theft case, the circumstances of the theft shall be determined according to the specific circumstances of the case: 5. Other circumstances are minor and not serious.
(3) If the amount of theft reaches the starting point of "large amount" or "huge amount", it can be identified as "other serious circumstances" or "other particularly serious circumstances" under any of the following circumstances: 1, the ringleader of a criminal group or the principal of the same crime with serious circumstances; 2. Theft of financial institutions; 3. The crime of escape is seriously harmful; 4. recidivism; 5. Causing death, mental disorder or other serious consequences to the victim; 6, theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; 7, theft of means of production, seriously affecting production; 8. Causing other heavy losses. The Criminal Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases have detailed provisions on the sentencing standards of theft, which should be determined according to different situations. At the same time, according to the judicial interpretation, the standard of "huge amount" varies within the legal scope due to different regional economic development conditions, and should be determined in combination with local specific regulations.
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