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Study On The Issues Of Crime Of Amount

Posted on:2012-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:S HanFull Text:PDF
GTID:2166330332996683Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are a lot of provisions of the crime of amount in China's criminal legislation; those provisions play vital roles to the people who commit a crime. At present, academics still don't have agreements on the concept and the nature of crime of amount. Research on attempt and error of cognition of amount are also not enough. Based on this, his study will be divided into four parts to study these issues.Part 1, this chapter will describes the history of the crime of amount in China's criminal legislation to show the necessity of the amount of crime. In this part, we will research the relations of these concepts, the amount of crime in Criminal Law and the amount of crime in judicial interpretation, criminal circumstances and amount of crime, the amount as a part of the constitute of crime and the amount as prosecution standards. After the comparative study, we draw a conclusion of the concept crime of amount, in order to define the extent of it.Part 2, this chapter studies some kinds of different processing modes on the amount of crime, cardings some understandings on the nature of the crime of amount, and then we analyze these points. On this basis, we define the nature of the amount of crime under the premise of constitute of crime which is based on crime accomplished.Part 3, this chapter discusses the problem of the amount of the attempt, we draw a conclusion that attempt is logical in the theory of the crime of amount. Then we analyze that attempt is punishable, after that, we differentiate some circumstances to detail it.Part 4, this chapter studies the issue of error of cognition. The article extracts this issue by the "high price case of grape ". After that, we solve the problems how to understand the error of cognition of amount, how to identified the error of cognition of amount, how to handle the error of cognition of amount.
Keywords/Search Tags:crime of amount, the nature of amount, attempt, the error of cognition of amount
PDF Full Text Request
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