A Research On The Statutory Sentence Of Crime Of Amount

Crime of amount is a categorization of crimes stipulated in thecriminal law and taking amount as the conviction and sentencingconditions. Based on the existing legislation phenomena, crime of amountis regarded as the generalization and abstraction of amount legislationmode. It exists widely in the specific provisions of criminal law of PRCand occurs at all times in practice. The issue of crime of amount hasundoubtedly become a hot topic in the criminal law research area.In China, there have been many researches on this particular topicalready. However, it seems that most of their researches are focused on itsbasic theories and principles, with limited concerning on its disposition ofstatutory sentence, which this paper seeks to resolve. Having reviewedthe current statutory sentence for all crimes of amount stipulated in thespecific provisions of criminal law in China, the paper describes andcomments on a series of defects existing in the statutory sentence forcrime of amount. It also gives some corresponding suggestions to solvethese problems.This article consists of 3 parts.Part1 is about the disposal of the statutory sentence of crimes ofamount in the specific provisions of criminal law in China. It analyzes allcrimes of amount existing in legislations, especially the Crime ofDisrupting the Managerial Order of Companies and Enterprises, theCrime of Servicemen's Transgression of Duties, the Crime againstProperty, the Crime of Embezzlement and Bribery, and the Crime ofDisrupting the Order of Socialist Market Economy. In the next part, the writer explores many defects of crimes ofamount's statutory sentence. With the basic theories of crime of amountand penalty disposition, it presents and analyzes four main defectsexisting in the Statutory Sentence of so many crimes of amount, such asthe Classification of Punishments and the problem of Prison Term.The last part is to come up with some measures includingabolishing capital punishment, arranging criminal fine and so on in allcrimes of amount. It is believed that with this improved knowledge, thepractice of crime of amount will play a more important role in convictionand sentencing.