Crime The Amount Of Accumulated Study

Materialist Dialects thinks everything is united in quality and quantity. As far as crime is concerned, quality reflects the social harmfulness of activity, while quantity the harmfulness degree to society, both of which are integrated during the process of crime convictions and sentencing. While crime amount is considered as a significant part for convictions and sentencing, its importance is highlighted under China's legislation model which considers both quality and quantity. Although the law has given general stipulation on crime amount, there still exist quite many problems regarding how to execute the stipulation reasonably in judicial practice, especially how to maintain the numbers of certain repeated crime. Though specific provisions and interpretation of criminal law has made some stipulations on the accumulation of certain repeated crime, they still have difference in patterns and contents. Based on the study of crime amount characteristics and combining the calculation provisions of China law on amount of repeated crimes, the thesis mainly probes into the accumulative calculations of crime amount, in a bid to make some benefit for criminal theory and practice.The thesis is divided into four parts, totaling approximately 34,000 characters.Criminal amount refers to physical quantity or economic-valued quantity, represented by some measurement units, which has crime conviction and sentencing meanings, directly related to crime acts and demonstrates social damage degree of the crime acts. Its legal features include economy, connection, measurability, decisiveness and legality, etc. Due to the differential stipulations on crime patterns between Chinese crime theories and foreign ones as well as the internal features of crime amount, the measurement problems are inevitably disputed, while the accumulative calculation of crime amount is more complex, worthy study.By analyzing and comparing different theories on the accumulative calculation of crime amount in academic world, the thesis puts forward"Continual Acts Theory"on the foundation of crime amount characteristics and referring to the continual crime theory. With combination of the academic circles'viewpoints, the dissertation is written to present the following opinions: the theory foundations of the accumulative calculation of crime amount should be treated differently; the non-joinder punishment theory of plural crime should be used for the amount accumulation of independent similar crimes, the continual crime theory for the continual similar crimes, while the continual acts theory for the continual acts that doesn't constitute crimes. Finally, the thesis will give certain proof to show the merits and science of the above-mentioned opinions.In current criminal law and judicial interpretations, there are more than ten quite different provisions on the accumulative calculation of crime amount, which brings difficulties in judicial practices. Thus, the thesis, based on current law provisions and integrating the above theories about accumulative calculation, unscrambles current related provisions of China criminal law and judicial interpretations on the accumulative calculation of crime amount, makes preliminary study on the issue, in an effort to do my part in solving this kind of problem in judicial practices.Ultimately, the thesis also studies on some specially complicated cases about the accumulative calculation during judicial practice.