Research On The Shape Of Quantity-in-crime Of Economic Crime

The shape of quantity-in-crime is the complicated problem in the theory of criminal law involoving in setting mind on the quantity committing a crime correctly to give criminal sanctions to behavior people, the phenomenon interweaving frequently sees considerably in economic crime, how to distinguish one crime and number crime of economic crime is that judiciary reality is engaged in the difficult problem that the worker often comes across , is also one of research of criminal law theory researcher priority.Research of the shape of quantity-in-crime of economic crime has importance without exception in theory and practice. First ,research of the shape of quantity-in-crime of economic crime is able to enrich economic crime theory. Research of the shape of quantity-in-crime of economic crime is later in our country, the achievement systematization having depth is not many, but research of the shape of quantity-in-crime finding that in this one system is furthermore very few. , just then systematic meeting are in unbalance state in a system if existence is a weak link , the entirety keeping system within limits develops. The shape of quantity-in-crime of economic crime form research can solve this one problem fitly , perfect and promote the overall theory that economic crime studies. Secondly, the shape of quantity-in-crime of economic crime form research is able to boost criminal law putting the blame on the number theory improving and perfecting in basic theory. Research of the shape of quantity-in-crime difficult point and priority in always being that criminal law theory studies, there are a lot of complicated crime number form problem in economic crime, beyond doubt, solving to these complicated problem has greatest benefit , can make basic theory especially complete to criminal law basic theory progress. Once again, be revise criminal legislation make preparation. Our country criminal code's place of stipulating that having a lot of block of wood reasonableness about the shape of quantity-in-crime of economic crime, criminal law mortgages the 149th , the 183rd the 204th , etc. for instance , does not have the sufficient theory basis, the research to the shape of quantity-in-crime of economic crime can be to perfect a relevance legislation be prepared. Finally, the judiciary provides a guide to economic crime convict. Theoretical puzzle , upper perplexed of legislation, chaos in bringing about a judiciary surely, the shape of quantity-in-crime of economic crime form research can provide direction for judiciary reality is engaged in a worker , responsibility for an offence punishment no in vain does not balance each other even if, achieving. Resolving the above-mentioned problem is the location of the purpose.Process studying in selected topic has been hit by , adopt the logic analysis method mainly. Angle from the overall structure order, the thesis takes behavior number as the shape of quantity-in-crime of economic crime form logic starting point , behavior does not commit a crime right away , the criminal act reaches the behavior Shan complex number under economic crime ken, ought to be to need the first problem studying; Complex number having resolved the behavior Shan, the mission accepting is that behavior carries out a judgement on complex number , the form studies the field is rapid and intense again, secondly with Shan ascertaining behavior composing the crime number committing a crime in crime number linking up; Have resolved this two problems, research entering the concrete economic crime type of all kinds crime number form naturally according to logic order. During the period of concrete problem investigation and discussion such as economy criminal act number , crime number and various crime number form, the method having wielded logic analysis's also sufficiently , the rationale fixing , resolving with densification the actual problem's to the boundary studying connotation and extension of marriage partner are accurate. The secondary , the theory has wielded analytical method of demonstration sufficiently. The norm and case are that the marriage partner carries out demonstration analysis , among them with criminal law of system and behavior as fact, the demonstration wielding a priori logical deduction by reasoning and the logic verifying gives first place to, adding up with the case study experience demonstration, uses theory and carries out much better union.Once again, moderate make use of comparatively analytical method. The achievement studying economic crime and putting the blame on the number form combining with China and foreign countries, adopts sb.'s strong points while overcoming one's weak points mutually to not using. Method wielding certain summing up finally. Be to carry out the personal conclusion synthetical, arranging , being distinguished and judging, to be in progress ratio the pair, and to reach here on the basis on others's viewpoint and their reason. The theory is regarded as during the period of the problem research economic crime puts the blame on the number form's, should take that the crime number reasons with in economic crime and science of criminal law as basis , putting up research of the shape of quantity-in-crime of economic crime combining with the concrete economy crime abstract. Economic crime one kind in the system engineering being that criminal law same kind commits a crime, includes to economic crime firm belief and imposes punishment on. Both relating to differentiation being hit by one crime and number crime in economic crime and, relate to the gauge duty principle that criminal liability comments on the crime number problem , relate to penalty theory inflict punishment on principle concretely. Economic crime research is a system engineering, in the crime number form being in important position among them, at present valuable achievement is not many but , progress for the balanced development and entirety studying to economic crime , responding to the research laying stress on the shape of quantity-in-crime of economic crime form, to make up this one weak link. The theory is attempted bringing forward a few new viewpoints to make investigation and discussion here on the proposition and thinks that the judgement to economic crime behavior number ought to take law behavior theory as principle , is involves in arriving at but is adds up with society behavior theory when punishing the nature problem. Be composing crime is complex in Shan in the behavior to economic crime judging a standard , ought to judge in order to committing a crime coming composing important condition , puts this one standard into effect and strictly completely. Belong to essence number crime in continuous criminal and implicated offender in economic crime , ought to insist that the crime number judges the thoroughness that the standard puts into effect , puts the combined punishment for several offenses determination and treatment principle into practice. The strong small side door of economic crime law and regulation nature is not crime number problem , but "law and regulation single " , is that standard choice is suitable for use to criminal law, whose law principle suitable for use ought to compose important condition's with optimum committing a crime according with nature for principle , takes that the law peculiarity stipulates that as exception. That economic crime imagination competes to jointly commit is imperfect number crime, correct it's the formation inflicting punishment on the behavior way ought to consider the behavior people first which one accusation to accord with more important condition, choose the most proper accusation being convicted, give a severe punishment together thereby; Secondly, ought to inspect subjective purpose of behavior people, important condition should be the basis being convicted with the formation embodying whose the purpose behavior directing , ascertain accusation give a severe punishment together; That economic crime imagination competes to jointly commit is imperfect number crime, correct it's the formation inflicting punishment on the behavior way ought to consider the behavior people first which one accusation to accord with more important condition, choose the most proper accusation being convicted, give a severe punishment together thereby; Secondly, ought to inspect subjective purpose of behavior people, important condition should be the basis being convicted with the formation embodying whose the purpose behavior directing , ascertain accusation give a severe punishment together; Ought to consider the behavior damage result finally,principle inflicting punishment on way when being able to not apply to , being the layer-upon-ayer determination and treatment inflicting punishment on basis , adopting from one on this account in the first two kind. The above-mentioned conclusion having been put up the answer (though one statementl) not only to the shape of quantity-in-crime of economic crime form problem, and can take economic crime research as visual angle promoting fundamental development of theory crime number problem of criminal law.