The Cognizance On The Amount Of Economic Crime

The amount of economic crime as an "objective form factor," is part of the objective aspect of crime, rather than an independent element. We can measure the level of the harmness to society of the actus reus with its ruler function. Among The amount of economic crime and the factor of the essential objective condition, such as the criminal act, criminal result, ciminal object and so on, exist the dialectical relations. Although the criminal act meet the criminal amount request, it can not reach all the criminal condition and constitute crime certainly. Moreover, in the process of sentencing the judge should investigate all kinds of the amount in a case in order to apply the punishment correctly. In the course of the cognizance of the the amount of economic crime, on the basis of observing the existing criminal law, we should insist on the standard of the protection of legal interest, and follow the basel principle of the amount cognizance.Different forms of economic crimes, there are different rules that amount. As most of the economic crimes have the intention of earning illegal profits without end, have a nature of the business, so the amount crimes in the economic crimes, does not exist the attempted state, with the exception of the law expressly provided. The law and judicial interpretation concerned about the attempted state of the amount crimes should not be applied analogically. For the cognizance about amount in the common crime, the theory of the new comprehensive evaluation is the result of using of the basic common crime theory. This theory combines with China's criminal law related to common crime, and takes full account of the particularities of the cognizance about amount on different common criminal. There are dissimilar rules that regulate the cognizance about amount on different common criminal, because they have different status and function. In the process of the cognizance about the continuing offence, the major problem is to form the rule of adding up the total amount. Although some amount of economic crimes has been given administrative punishment, the administrative penalty should be reviewed substantive, and add up the total amount distinctively. The cognizance about implicated offence in the economic crimes should be combined with the penalties prescript on the implicated offence in China's criminal law to form different rules of cognizance.