Amount Of Crime

Crime, like other things, is an entia of quality and quantity.The essential feature of crime is the harm on society from the degree of punishability. The quality of crime is the crime's harm on society while the quantity refers to the degree of such crime on society. Both are the prescriptive nature of crime. The property of punishability is a quantitative limit between crime and non-crime, the degree of crimes and the entia of the quality and quantity of crime. When the degree of the harm on society from a certain act reaches a "critical point", that is, reaching the degree of punishability, it constitutes a crime. A qualitative analysis of crime is an analysis of the prescriptive nature of the quality of crime, and a quantitative analysis of crime is an analysis of crime in terms of the prescriptive nature of the quantity, or the degree of its harm on society. A definite amount in crime is an important factor in the quantitative analysis of crime, which plays a significant role in distinguishing criminal acts from ordinary law-breaking acts. On the basis of the legislation and practices of other countries and in relation to the current conditions of our country, this paper probes into relevant problems of the definite amount in crime, in the hope of providing some merits to the criminal theories and practices.This paper consists of five parts, about 50,000 words.Part I: An Overview to a Definite Amount in Crime. Based on the amount and the quantity, this part argues that a definite amount in crime is a quantity embodied in some goods or the quantity of economic value. Legal features of a definite amount in crime are mainly reflected in the immediate relevance with the crime, in the ability to reflect the social harmfulness, in the amount able to be calculated, in the amount of economic benefit. A definite amount in crime can be divided into open amount and close amount, exercising amount and outcome amount, convicting amount and sentencing amount. It looks back from Qin dynasty to Qing dynasty. China's ancient criminal law reflects the amount of crime-Reif of China's Criminal Law "qualitative and quantitative" model legislation with foreign criminal law "legislative qualitative and quantitative justice," the legislative model are compared. Part II: Theory of Crime Amount. The concept of crime as part of a criminal amount of theoretical prerequisite, and the Criminal Law Section 13 but the provisions of the "significant minor plot of a slight hazard, is not deemed as a crime" is the general provisions of the amount of crime. The objective aspects of crime constitution is the basis of the existence of the amount of crime, and the amounts have their independent natures, it is not the objective conditions for punishment, nor is it an independent evaluation of the illegal elements. And the amounts can be the theoretical basis of the law of impunity, which contains substantial unlawfulness, illegalness and criminal law relative of Modesty.Part III: The Amount of Crime and the Relationship between the Conviction and Sentencing. First, this part, in the perspective of the role of the amount of crime in criminal constitution, summarizes the roles of amount of crime in crime sentencing, mainly reflected in the amount of crime as an essential element of a crime, selective element or a constituting element with other plots. Secondly, it analyzes the role of the amount of crime in the sentencing in the Criminal Code of our country including Legal Sentence different rate defined according to the amount of different design standards, determination of the application of criminal penalties under the criminal or determination of the size of fines sentence and the manner by which confiscation of property is applied. Last, this part re-interprets the relationship between the amount of crime and the circumstances of crime, which include amount of crime, circumstances of crime and amount of crime, and the transformation between the circumstances of crime and amount of crime.Part IV: Calculation of the Amount of Crime. In this part, the author puts forward the principles that should be followed in the calculation of the amount of crime, i.e., unified measurement principle, the objective reality principle, current-time and on-site principle and the middle-level price principle. Against the law circle of common crime and the amounts of the many controversial, I believe that the amount should be determined should be used in the crime under the premise that the total amount of common crime in the criminal's role in the crime. Attempted to calculate the amount of crime committed, the distinction should be made between the perpetrators of the crime extent of the amount of sin, if the perpetrator of the crime has a clear intentional amount, the amount of their criminal acts are criminal acts carried out by the subjective point; if the perpetrator have deliberately broad, the amount of crime should be the specific amount that the criminal acts points to. The amount of continuous crime should be calculated within the statutory recourse cumulative basis, for the same object repetitive violation's calculation of the amount of crime, if the types of targets, the total amount of crime, if a specific target the amount of crime should depend on the circumstances specific analysis.PART V: The Present State of Legislation of Crime Amount and the Concept of its improvement. In this section, the author re-examines our country's criminal law on the amount of crime, reveals the selection of the criteria for criminal misconduct arising from a series of problems. It proposes that it should be made where the crime was committed in the provinces, autonomous regions, municipalities, the government announced in previous year, "certain multiples of the minimum wage" for the parameters to harmonize standards and the amounts envisaged, and the existing "Criminal Law" and the amounts involved should be straightened out in the relevant provisions.