Research On Quantity Factor Of Criminal Law Of Our Country

The crime not only demands behavior nature, but also demands behavior degree, namely quantity factor in Chinese criminal law. So the existence of quantity factor is a major characteristic of legislation of Chinese criminal law. Along with the research of criminal law goes deep, the quantity factor's influence and restriction to the criminal law theory and practice are more and more obvious, and many of scholars, legislators and judicatures pay close attention to the matter. This paper therefore aims to make a thorough broke into the quantity factor of Chinese criminal law.The paper is composed of five parts. The concept of quantity factor is defined from three aspects: the name, the intension and the extension in the first part which is the prerequisite of the after parts. The related overseas theories and practices are introduced by the view of comparative law in the second part which builds essential foundation for the after research. The third part simply introduces and appraises the present research situation of quantity factor in criminal theory area of our country. In the forth part which is the most important one of the article, the author proposes her main viewpoint that the research of quantity factor shouldn't be limited to the controversy of its existence, and the existence basis of quantity factor should be find out from crime concept, constitution of a crime, legal system and influence of traditional culture. After conducting above research that gets to the bottom of a matter, the author draws the conclusion: the existence of quantity factor is inevitable in the existing criminal law theories, institutions, as well as the entire legal system. The advantages and disadvantages of quantity factor are disclosed in fifth part that is also key of the paper. The quantity factor is not completely rational, although its existence is inevitable. So in this part the author reveals the difficulties that quantity factor has to be faced, and then indicates the preliminary methods of how to get rid of these difficulties.About methods, the author abandons the traditional pros and cons analysis, and advocates a new one in which abject priors to value. The quantity factor is not isolated and doesn't emerge incidentally, it turns up and develops under special conditions and circumstances. So we should start research from these special conditions and circumstances , which is the existence issue, and then analyze the pros and cons, which is the value issue, finally choose the best, related to retention and abolition, alteration, perfection of the criminal law. In author's opinion, this thought should be encouraged because it is a responsible attitude.