Research On The Quantitative Elements Of The Crime Constitution

The crime definition in China criminal law not only has the qualitative element, but also has the quantitative element. And this is the feature of China's criminal legislation,the crime constitution contained the quantitative element. A crime has its quantitative requirement, the theory about the quantitative element of the crime constitution occupies an important position in the criminal theory system. So we have the necessity to research on this item.This paper from the view angle of crime constitution, insisting the principle of relationship of theory to practice, using the method of conceptual analysis, value analysis, comparative analysis and empirical analysis, basing on prior achievements, research the quantitative elements that were provided in the Criminal Code, in order to grasp the common feature of the quantitative element of the crime constitution.The preface gives a briefly introduction to China's criminal provision mode that"the definition of crime contains qualitative element and quantitative element", and pointes out the importance of research on quantitative element. The paper's main body is divided into five parts: The first part defines the concept of quantitative element, analyzes its feature, and categories the quantitative element. This part is the premise of the study. The second part analyzes the advantage and the disadvantage of the quantitative element. The third part is an introduction and the appraisal to foreign country's criminal provision mode that"the definition of crime does not contain qualitative element, but the quantitative element is considered in the lawsuit procedure". The fourth part discusses the nature of the quantitative element and its position in the crime constitution system. The fifth part proposes solutions to problems which china's Criminal legislation have. The last part restates the important conclusions of the paper.