The Discussion Of Invades In The Wealth Crime To Determine Guilt Amount Standard Establishment

The standard of the property crime amount means the minimum standard against the social hazardous crime amount as we]] as the different crime amount relate to different legal punishment scope. To criminate the standard of the amount is effect on our country' s estate criminate and extreme]y important decisive function. To certain crime should have certain castigatory way that means to sca]e property crime' s measurement is the value. Therefore the standard of the crime amount is a very important gist to recognize the property crime. As in different property crime to recognize the crime' s amount is not the same from the legislation and the judicial. On one hand to determine the amount standard is not the same, on the other hand same amount in different property crime that the legal punishment is not the same. In China to determine the property crime is in accordance with the standard of "the amount is bigger, huge or especially huge" incarnate our country is adopting the mode of "legislation defined by character and amount" on property crime. Under the limited judicial resources the best way is to adopt the idiographic amount to express legislation defined by character and amount. To Specify the crime amount whatever determines guilt explicitly the amount standard, regardless of is enhances the judicial efficiency from the prevention crime the angle, the present legislation pattern all is practical and feasible. In the property crime domain, various formats determines guilt the amount standard to be able to reflect accurately how recognizes the criminality, with the relative determination amount expressed the behavior society harms the objective harm which the degree or creates, manifests compared to the abstract fuzzy judgment reasons things out the nature, has the persuasive power, but explicit determines guilt the amount standard advantageously obvious, the negative influence also similarly is at the same time clear. But disadvantageous this place lies in, determines guilt the amount standard concrete numeral way simple perspicuity, easy to operate, but too ossifies stereotypical]y, adapts the social economy development with difficulty. Determines makes the amount standard concrete numeral easy to cause in the .judicial practice with the theory of "only the amount" Determines guilt the amount standard to cause the highest judicial organ judicial interpretation power the inflation and the place judicial organ decides after deliberation the power freely the atrophy, and how manifested the penalty value to the judicial practice in the punishment property crime to have the big puzzle.The crime of the property declares the number standard guilty and presents the passive outstanding phenomenon day by day of influence, on one hand caused by the fact that have established and changed to the localization of infringing the object of crime of property in the socialist market economy mode, another on one hand social harmfulness range and extent of injury of infringing the crime of the property present the diversification. The criminal law of our country, to totally meeting the needs of national economic development and social groups interests difference demand that regulation can't already for declaring the number standard guilty, declare the standard question of the number guilty through describing, propose declaring number standard mode construction and discussion of the legislative mode guilty. The settlement that the crime of the property declares the number starting point guilty should be based on object that the malfeasance infringes, shou]dbased on target that the malfeasance infringes, with malfeasance and social subject compatibility of will as the basis. Should proceed from objective ability of what criminal ]aw intervenes, focus on the full play of the criminal law benefit, make the number standard of the crime establish rationally and aptly, the penalty value realized. So, confirm the number standard that the crime of the property declares guilty, can consider according to the difference of objective respects of the crime of the property, combine the annual income per capita of prior year as the reference system with the minimum living guarantee income, establish and legislate to determine the nature, the property crime with quantitative administration of justice declares the standard mode of the number guilty, in order to solve the object of crime of property complicatedly, the malfeasance infringes the target's variety.