On The Amount Committed The Crime Attempted

The legislative mode to punish according to certain amount is very common both at home and aboard from ancient times till today. In Chinese Criminal Law there are about 80 items prescribing the number of the criminals, the times of crime, the amount, and the numbers. Amount is becoming an important constituting document, which plays a special role in determining what punishment to give. The crime of amount is a kind of crime prescribed in the Criminal Law and is able to indicate the degree of harm done to the society. It takes the amount as the constituting document which can indicate the number of persons, the times of the crime, the amount of the articles or the value of the articles. The crime of amount is not a certain accusation, or a legal sort of crime. It's just a sort of crime categorization which determines what punishment to give according to amount in the Criminal Law, basted on the real legislation, generalization and abstract of the legislative mode of amount. The crime of amount can be divided into several kinds: the pure crime and the impure crime, the basic crime and the aggravated crime, and the act crime and the result crime. The separability of the constituting document of the crime brings some special aspects in the problem of attempted crime.Scholars are still disputing about whether there is an attempted crime or not, how to punish it, etc. The author thinks that in the attempted crime the amount of the doer's attempt is revealed by the crime which accords with legal criterion, and that the doer's action imperils the society objectively while it hasn't come to hurtful results. We should put it into specific analysis according to different kinds of the crime. As to the basic crime, it can't be punished for it's just an attempt. There isn't any abortive crime in the result crime. As to the aggravated crime, because there is abortive crime in the act crime and the result crime, it should be punished.In the legal practice, to punish the attempted crime needs the amount pointing to the crime and the number of the crime amount, which usually refers to the beginning number of the aggravated crime. When the accomplished crime and attempted crime exist together, it is correct to adopt the method of heavy punishment.Perfect the attempted crime of amount has two modes. One is to perfect the legislation, to change the legislative mode with only recapitulative prescription on the attempted crime in general rules, into that with principal prescription about the criminal burden in general rules and definite prescription about the specific accusation in the foliation principles. The other one is to perfect the legal explanation on the condition of the legislative mode unchanged. It's unrealistic to put forward legal explanations to all the specific crime of amount. The feasible method is, on the basis of deep research, to put forward a legal explanation to the attempted crime of amount so as to provide specific and uniform direction for the legal practice.