A Study On The Quantitative Elements In Chinese Criminal Law

Everything has both quality and quantity characteristics, crime is no exception. Criminal law scholars in china started the exploration of quantitative factors of crime very early and got many beneficial achievements. This paper focuses on quantitative factors of crime. This paper mainly talks about the status of quantitative factors of crime in crime constitution system, the different models of quantitative factors of crime and improvement of the issue described. The paper has four parts, the first part is a introduction of basic concepts of the crime quantitative factors in our criminal law, crime quantitative factors reflects both in general criminal law and specifics criminal law. Criminal law has divisional illegal quantitative factors with crime, supplement the legitimacy of the administrative punishment of criminal law and regulation committed crime circle role. The crime specified in the criminal law specifics of concrete quantitative elements mainly for crime amount, the circumstances of crime and the crime results. The second part is about constitutes a crime the positioning of the quantitative factors of crime in the crime constitution theoretical system. On this issue, there are four main objects. They are objective extra elements, crime guilt - the crime body– quantity Trinity, quality and quantity of constituent elements that constitute the elements that constitute the essential conditions, and positive and negative elements. The above theories have their own advantages and disadvantages. This paper generally agrees with the positive and negative Elements, positioning the quantitative factors should be vested still based on the provisions of criminal law, criminal law in the General and sub-Provisions of the Constitution of Crime quantitative factors should be reflected."the but book"and"the four elements of crime constitution"are parallel in crime constitution system. We can call it negative elements. The specific quantitative elements in sub-proviso in criminal law penetrate in the four elements of crime constitution. They are positive elements. This paper argues that there is a need to clarify the application of mechanism, but the book, but to enhance the applicability of the book, and it applies to the object and scope of the book is suitable for supervision and control subject and presented my point of view. The third part is the quantitative factors of crime in two different foreign criminal law provisions of the mode of presentation, that is, qualitative and quantitative model legislation and legislative qualitative and quantitative model of justice, and these two models were compared with the overall assessment . The fourth part of is mainly about the provision of crime, the insistence of the quantitative expansion and improvement. Some scholars in our country assisted that foreign legislation should be more reasonable and we should modify our criminal law. But my point is that China should adhere to the legislation described in the qualitative and quantitative factors in quantitative models. China's criminal law of quantitative factors in the legislative and judicial are adapted to our condition. There are also some shortcomings needed to be improved. Criminal law should be added in the absence of quantitative requirements; modify the criminal law which is too specific; in legislation and justice in crimes committed by units and individuals are unified quantitative standards of crime; strengthen the judicial interpretation and the judge in the abstract interpretation is reasonable and applicable scientific.