Discussing The Criminal Amount In Length And Breadth

The criminal amount is a very delicate problem in the Criminal Law.It is something like water in physics which may take on different stateunder different temperature phases. There's just some sympathizingphenomena between the criminal amount and the state of water. From acertain degree, different phases of amount represent different phases oftemperature and every phases of amount equals to a different crime andpunishment. All these numerous amount points or segments are the criticalpredicaments that show the division between guilt and no guilt,misdemeanor and felony. Searching on these criminal amounts willundoubtedly play an important role in the conviction of measuring ofpenalty in judicative practice.The pioneers of Criminal Law experts have done great research andcontributions on the criminal amount. According to the author's primarystatistics, there are totally about 53 articles of "criminal amount"or "crime of amount" These articles include magazines, dissertationsand newspapers. There are also two monographys. Among these science production, some have their own characteristics, while most of them reachthe same goal by different routes.By the guidance of criminal theory as well as legislation andjudicatory explanation, this dissertation is finished by using part offundamental statistic knowledge and computer cartography technology. Atthe beginning of the dissertation, the author avoids discussing theconcept of the crime of amount. Instead, the author illuminates theconcept of the criminal amount. After that, the author analyzes thecriminal amount from vary angles by classifying and summarizing. Forexample, the legislation and judicatory amount, the independency amountand derive amount, the typical amount and the nontypical amount thatmentioned in Chapter Two are paraphrased, compared and counted in thisway. It is not only for the deepening of the preceding part of the content,but also for the smooth going of the following writing. With the untiedconception of criminal amount, the author turns the topic to the relationof crime quantity and penalty quantity. This part is also the mostdifferent point and important view of the whole dissertation. In therelation with the criminal amount and crime quantity, the author disusedthe status of criminal amount in the criminal constitutes, the discrepancyof the principle point and the starting point of criminal amount. At shesame time, the author puts forward her puzzle on the distinction of thecriminal amount between the natural person and artificial person. In therelation of the criminal amount and penalty quantity, the author analyzesthe distribution of the criminal amount and penalty quantity as well asthe matching nature of them. It is affected by the idea in the《Studyon the crime and punishment》written by Cesare Beccaria. Finally,combing the above discussing, the author brings forward some idea ofperfecting the legislation of the criminal amount.In a word, the whole dissertation discusses the criminal amount from a new and special visual angle. There are three points in the dissertationthat worth reading. Firstly, some valuable static charts are made. Thesecharts are made from the data that collected from the legislation andjudicatory explanation. There are totally seven charts and eleven tablesin the dissertation. We hope that these charts and tables will do somethinggood to the new research on this subject. Secondly, several new terms orconceptions are created, such as "independent amount and derive amount","the principle point of the criminal amount comparing to the startingpoint of the criminal amount", "the crime quantity and the penaltyquantity". Thirdly, parts of new viewpoints are advanced. One is thatthe status of criminal amount in criminal constitution shall be fallenunder the collateral condition of the objective aspect. The other two arethat further understanding of the criminal amount and the principle doubleappraisement forbidding shall be limited to the judicatory field and thelegislation of the criminal amount should be improved. On the other hand,there is still some deficiency in the discussing of the criminal amountwhich needs further research.