A Study On Several Problems Of Crime Of Amount

Crime of amount is a kind of crime that is enacted in the criminal law for a period oftime. This kind of crime is frequent in the legal practice; by contrast, the related study isnot mature now. Based on deepening the study, I choose this topic as the dissertation ofmy master degree. Meanwhile, as this kind of crime is involved in so many theoreticaland practical problems, I just choose some representatively problems to carry on myresearch.Besides the preface, this paper can divides into three parts: basic research on thecrime of amount, the mode and the constitutive requirements of the crime, attemptedcrime and joint crime of amount crime. The whole dissertation is about 35,000 words,including the footnotes about 3,000 words.Part One: Basic research on the crime of amount. This chapter mainly discusses theconception of crime of amount, the legislative mode and the division of this crime, andthe basic legislative principles of this crime. The author thinks that the crime amount isthe amount pointing to the crime and embodying the money infringed. And the authordivides the whole crime of amount into two kinds, the basic crime and the aggravatedcrime. Then, the paper discusses the characters and shortcomings of the crime and givessome legislative suggestions. Part two: The mode and the constitutive requirements of the crime. The papercompares the legislative and judicial modes of this crime, and draws the conclusion thatin China it is necessary and reasonable to adopt the legislative mode. Then the authoranalyses the constitutive requirements of the crime and sets up the two layersconstitutive requirement theory, which combining the essence and form together. Thiscan restrict the use of criminal punishment right to embody the two functions ofprotecting the society and guaranteeing the human rights. Part three: Attempted crime and joint crime of amount crime. In this chapter, theauthor firstly expresses that this crime also exists the attempted crime and gives the twoconditions to punish the attempted crime, namely, the amount pointing to the crime andthe number of the crime amount. Secondly, the author thinks in the case that theaccomplished crime and attempted crime existing together, it is correct to adopt themethod of heavy punishment, and punishing the crime according to the differentsituation. In the end, the author discusses the amount of the joint crime. The papercompares and analyses the different theories of this topic, and thinks the whole amounttheory is a reasonable theory, namely, punishing the joint offenders according to thewhole amount of the crime.