Research On The Status And Role Of The Amount In Property Crime

Amount has a very important position and role in the Criminal Code. On the basis of "qualitative and quantitative" legislative mode, the amount is not only an important basis for distinguishing criminal but also a standard of determining the severity of the penalty. Especially in property crimes, most are based on the amount of money or number of items of economic value to identify the social harm of crime. Therefore, the amount of property crime has a more important status. The legislation about the amount of property crime has been relative perfect at home and abroad, but in theory, great controversy still exists on some basic questions of the amount. In the process of judicial practice, due to some controversy of the basic theory about amount, some serious differences emerge, such as the high price grapes case, space beans cases and others. By comparing domestic and international legislation, this dissertation focuses on the position and function of the amount in property crime, researching the problem of nature of amount, concept misunderstanding and failure to fulfill. At last, I give some solutions, hoping to be beneficial to the theory and practice of criminal law. This article is divided into four chapters, and the contents are summarized as follows:Chapter one, Question. This chapter begins with basic concepts related to the amount, analyzing the concept of the amount and the amount committed. On this basis of summarization of the concept of the amount of property crime, the amount of property crime has the characteristics of economic interest and relative certainty. In this chapter, I firstly generally classify the amount of property crime, identify a defined pattern of the amount, and finally analyze the significance of conviction of amount in property crime with relevant law. Chapter two, Comparative analysis of related law at home and abroad. I firstly comparatively analyze the legislation of amount in the property crimes at home and abroad, holding the view that there are two models of existing legisiation,"Legislative qualitative, quantitative Justice"and" qualitative and quantitative". Based on the comparative analysis of the two Legislations, I think China's current established " qualitative and quantitative" model is in line with national conditions and it should be upheld.Chapter three, the amount of property crime and the causes of the dispute. In this chapter, I mainly analyze the nature, the concept misunderstanding and the failure to fulfill in property crimes, holding the view that the amount of property is the main element in property crime. Then I analyze the concept misunderstanding, combining with some specific cases. Failure to fulfill also exists in property crime, but it is strictly restricted.Chapter four, confusion caused by the amount in the judicial practice and the solutions. This chapter firstly analyzes problem of objective tendency and confusion of the amount standard in judicial practice because of the important position of the amount of property crime in China. We should pay more attention to the significance of sentencing out of the amount on the basis of existing legislation mode. In the specific system design, we could improve the existing penalty system and further clarify the standard of amount to solve the relative problems.