Due to the consideration of criminal policy, the judicial interpretation of the crime of theft stipulates a halved theft sum standard in the situation of administrative ex-convict.This phenomenon is essentially to incriminate the acts of administrative illegal, that is, "incrimination of ex-act".It's produced from the theory of act without value, which treated ex-behavior as one element of illegality.This opinion violates the standpoint of objectivism in criminal theory.We should insist on the standpoint based on the theory of consequence without value, and regard ex-act as elements of liability rather than elements of illegality.