On The Crime Of Amount

The full text is divided into six chapters,mainly including the following arguments.The amount of crime with the attribute of result crime,which is pointed to and harmed by criminal behavior or obtained by offender,refers to the number of property or behavior,is the establishment of conditions of the accomplished crime of amount by the provisions of the criminal law and the judicial interpretation.The crime of amount by the provisions of the criminal law and the judicial interpretation is the crime with the amount as convicting or sentencing standards and has the characteristics of judicial,economy,variability and differences.The amount of crime in the specific provisions of criminal law includes the sales amount,the amount of money,securities and negotiable bills,the amount of money or goods and the amount of equity value,etc.In theory,the amount of crime can be divided into the legislative amount and the judicial amount,the objects amount and the behavior amount,and the basic crime amount,the mitigated offense amount,the aggravated crime amount and the amount of fine penalty.The crime of amount can be divided into the legislative crime of amount and the judicial crime of amount,the original crime of amount and the derived crime of amount,the true crime of amount and the not true crime of amount,etc.The absolute determining amount,with mobility and differences,can not achieve the original intention of legislation to suit punishing crimes.It is necessary to carry out the perfection of relative certainty.There are some different provisions about the scope and the standard of the basic attempted crime,and the coexistence of the accomplished offense and the attempted offense concerning the application of criminal law,and it is necessary to unify these provisions.The crime of producing and selling shoddy products is not the selective charge,but a charge of composite behavior type.Its act is constituted by producing and selling.The attempted of this crime can be divided into two kinds of attempted that is no selling and completely no selling.To the coexistence of sales amount and attempted amount,the mount may be determined by the method of directly calculating total amount to recognize the crime attempted or the principle of serious conduct absorbing light behavior as appropriately giving a heavier punishment.The attempted theft and the accident theft belong to the subjective and objective deviating.To determining the aggravated and attempted theft,the actor must have the subjective understanding of aggravated amount.To the concurrence of attempted theft and other crimes,the behavior person has an overall understanding.If his summarized cognition isa relatively large amount,a huge amount or a particularly huge amount,the amount should be identified as a large amount;if his summarized cognition is a huge amount or particularly huge amount,the amount should be recognized as a huge amount.If the theft amount exceeds summarized cognition,the behavior of people should be identified as not guilty.To the theft accidents of having knowledge,if the act of people is willing to accept it,the results amount should be determined;if he shows clear negative attitude,he should not be convicted and sentenced in light of the amount.To the theft accidents of unconscious,if actor purposes to steal the property of small amount,he belongs to innocence;if he purpose to steal a larger amount of property,the amount should be identified a large amount.The judicial interpretation about the subjective cognition psychology of helping offenders expressed as "should know",which is intentional mental,and is the performance of "knowing" in the procedural law.The amount of common crimes includes the amount of common crimes of narrow sense and the amount of common criminal.The current standard is "the amount of participation in joint crime ".If the different status persons occupy their unit property in joint,they should be convicted by the principal's identity.When it is difficult to distinguish the principal and accessory,they should be considered the job occupation crime,meanwhile,the national staffs should be given a heavier punishment.To the common theft of unit,the units will be considered the common theft by the judicial interpretation,which is contrary to the original intention of legislation.The cause of overlap of legal provisions needs the legal and factual conditions.Although there is a overlap of legal provisions between some charges,in fact,it is impossible to emerge the overlap phenomenon of legal provisions.Because the overlap between the crime of fraud and the crime of cheating and bluffing belongs to the reverse concurrence relationship of overlap of legal provisions,only the heavier law will be first applied to the lighter law.It belongs to the imaginative joiner of offenses to smuggle many different objects of several crimes,so the provisions of judicial interpretation about combined punishment is lack of the legal and theoretical basis.Stealing and using credit cards is an act of theft,which is composed of two stages of action of stealing and using credit cards,and belongs to a typical single crime.If the amount of deceived property is not up to the "large amount",the implicated relation in fact has not yet happened,and it belongs to a single crime to counterfeit and use credit cards.