Amount Of The Amount Of The Invading Concrete

Crime of amount is a kind of crime that fixed amount is quantitative element of crime constitution and sentencing of crimes.amount include amount and quantity .Amount is refered to as the value of object. While quantity refers to physical quantity . the difference between the two words is the target of offences refers to the values of the property or the number of contraband .The amount manifests the degree of infringement upon legal interests of the crime of amount .but the crime of amount combine with other core element of constution of crime determined the existence of crime rather than an independent part of constition of crime. Meanwhile the amount is the basis of aggravating penalty .As the quantitative elements of crime constitution , the crime of amount embodies the criminal principle of limiting the range of punishment.In terms of the legislative of crime of amount in the criminal law of China, there are roughly three type of legislation for crime of amount : pure crime of amount and impure crime of amount ; closed crime of amount and open crime of amount ;crime of basis amount and aggravated crime of amount .The legislation mode for crime of amount in the criminal law of China is mainly an open crime of amount , therefore there exists in judicial practice the problem of the specification of open amount stipulations .The author holds that amount specification means further clarification of principal components and remains to be completed in legislation. The amount specification should be completed by state legislature. In terms of its mode , amount specification may be legislative interpretation or revision and supplement of the criminal law . the author recommends that the specification of open amount should set a relative stabile basis of calculation .the author holds that the amount provision of the criminally rather than the place of jurisdiction should be the standard of conviction and sentencing crimes . At last, the author holds that the amount is an important part of constitution of crime .and the constitution of crime is the condition that an offence is crime .and the suspended situation of the crime are different forms of crime . A conduct is crime if it meet the requirements of constitutions of crime . So on the basis of that a conduct meet the requirements of amount and other part of constitution of crime ,the conduct has the attempted situation.