According to the Interpretation of the Supreme People's Court the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft:
Article 1 Whoever steals public or private property with a value of more than 1, yuan but less than 3, yuan may file a case for investigation: those who steal public or private property with a value of more than 1, yuan to 3, yuan, 3, yuan to 1, yuan, and 3, yuan to 5, yuan shall be deemed as "large amount" and "huge amount" respectively as stipulated in Article 264 of the Criminal Law.
according to the criminal law of People's Republic of China (PRC):
article 264? Whoever steals public or private property in a large amount or for many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall be confiscated: < P > 1. Theft of a financial institution, with a particularly huge amount;
2. stealing precious cultural relics, if the circumstances are serious.
Extended information:
Constituting a crime requires a series of subjective and objective elements stipulated by law, which are called constitutive elements of a crime, and the organic unity of these elements is called a crime. The organic unity of these elements is called the constitution of crime. For example, according to Article 263 of the Criminal Law, "robbery" must meet the following requirements:
(1) using violence, coercion or other means;
(2) robbing public and private property;
(3) The actor is a person who has reached the age of criminal responsibility and has criminal responsibility ability;
(4) Have the subjective intention of robbery. These elements together constitute the crime of robbery.
Another example is the crime of dereliction of duty as stipulated in Article 397 of the Criminal Law. Its constitutive requirements are as follows:
(1) The perpetrator is a staff member of a state organ;
(2) Failure to perform or improper performance of duties;
(3) causing great losses to the interests of the public, the state and the people;
(4) Subjectively, it is not out of intention, but out of negligence. Together, these elements constitute the crime of dereliction of duty. The specific provisions of China's criminal law stipulate ten categories of crimes, and each category of crimes is divided into more or less specific crimes. There are 414 specific crimes in the current criminal law, and each crime has its own criminal composition.
Theft is a criminal activity to protect public and private property according to law. According to the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, The relevant issues in handling criminal cases of theft are explained as follows:
Article 1 Whoever steals public or private property with a value of 1, to 3, yuan or more, 3, to 1, yuan or more, and 3, to 5, yuan or more shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively.
the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, according to the local economic development and the social security situation, determine the specific amount standards to be implemented in their respective regions within the amount range specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
if the location of the theft of the public * * * * operating across regions cannot be verified, whether the amount of theft belongs to "large amount", "huge amount" or "extremely huge amount" shall be determined according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Baidu Encyclopedia-Criminal Law