Discussion On Several Problems

Crime of amount is a kind of special criminal pattern,which is enacted in thecriminal law for a period of time. This kind of crime is frequent in the legal practice；by contrast, the related study is not mature now. Based on deepening the study, Ichoose this topic as the dissertation of my master degree.This article is divided intofive parts:part one is about the basic research on the crime of amount.In this chapter, theauthor mainly discuss the amount in criminal law、the conception of crime ofamount.By analyzing these questions, the author believe that the amount of a crimerefers to the amount of properties or articles,which is specified in the special provisionsof China Criminal Law, involved in a criminal offence and could be measuredaccording to certain standards. The crime of amount refers to a special pattern of crime,in which the amount of offence is one of constitutive requirements in the crime. Theamount of crime is not objective condition of punishment, but a comparativelyindependent factor among all objective constitutive requirements.Part two is about the base of crime of amount.This chapter mainly analyzes thetheory foundation and reality base of the crime of amount.It reveals the theory fulcrumand the proper base of the crime of amount,though studying the relationships of thecrime of amount、the traditional crime idea of our country、crime fixed amount ideaand the social reality.Part three is about the joint crime of amount crime.In this chapter,what the authorwant to emphasize are mainly two questions.The first is the standard of share with thecriminal amount；The second is the amount of sentencing.The paper compares andanalyses the different theories of this topic, and insist that the whole amount theory is areasonable theory. Namely, punishing the joint offenders according to the wholeamount of the crime.