Font Size: a A A

On Confirming The Amount Of Property Crime

Posted on:2011-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhouFull Text:PDF
GTID:2166330332958571Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The vast majority of property crimes are based on the amount of money, the amount of numbers and the value of the property determine the social harm of the crime. Identification of the amount of property crime has important significance. However, in our laws and judicial interpretations, the provisions relating to how to confirm the amount of crime is relatively few, can not solve difficult legal problems encountered in practice. Accurate understanding and application of the provisions is very important, for both fight against crime and protect the legitimate rights of the accused. This paper focuses on property crime category the amount found on the perpetrator's subjective, crime patterns and the amount of identified relations were discussed and analyzed. This paper also discussed the property crime category the amount of recognized standards and the concrete computational problems, with a view to theory and practice benefits. Paper is divided into five parts.The first part, an overview. First introduced the category of property crime related to the concept of the amount and the amount committed by the domestic legislative history, then discusses the type of property crime, the crime and determine the amount of the penalty determined the significance of crime.The second part, the perpetrators subjective related with the amount of crime. In my opinion, in practice multiple classes of property crime, the subjective aspects of perpetrator are intentional, and can be divided into general purpose and identified willful. If the perpetrator's general subjective intent, then the amount of crime perpetrators should be identified as the actual amount against the property; the other hand, is identified as the subjective desire of the perpetrator against the value of the property. I also discussed two situations perpetrator's subjective understanding of error, the amount of crime shall be determined in accordance with the principle of integrating objective and subjective, concrete analysis of specific situations.The third part, in attempted crime and common crime, how determined the amount of crime. Attempted on crime, my opinion is property crime category attempted is the existent, and the standard of attempted and completed should be the same; on common crime, my opinion is people should be aware of the joint criminal conduct of all criminal acts by pointing to the property amount as the amount of co-perpetrators of crime.The fourth part, discusses legislation should be developed according to regional property crime conviction and sentencing standard; in justice, should apply the standards of the place of the crime happened, to identify the amount of crime. And from "Xu Ting Case",led to thinking of how to improve the property standards, to ensure stability on the basis of criminal law, so that the amount of crime and the identification of standards of economic and social development can be consistent. In my opinion, we can introduce a reaction to the economic and social development level of the reference coefficient, and determine a fixed base, multiply the amount with the two categories of property crime conviction and sentencing as a standard.The fifth part, analysis of the specific amount of property crime category calculation, including the cumulative calculation, the calculation of the virtual property, and fraud, misappropriation of"use the consecutive proceeds of crime to repay previous " conduct the calculation of the amount.
Keywords/Search Tags:the amount of property, subjective, patterns of crime, confirm standards, calculation
PDF Full Text Request
Related items