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Probe Into The Problems The Amount Committed

Posted on:2010-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2206360302476238Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The scholars of our country have made some research on crime of amount and have acquired a number of results. But there are some different opinions on basic questions. Moreover, puzzling questions emerge in endlessly along with the development of economic and society. In view of this situation, I write this thesis to wish for getting a profound understanding.Except for the preface, this thesis consists of four parts which are the summary of crime of amount, the "amount" of crime of amount, the unaccomplished state of crime of amount and the perfection of crime of amount. The main idea of every part as follows:This thesis introduces fundamental state of crime of amount firstly. Though inspecting the situation of the being of crime of amount in some countries, I find that there are some differences in some countries and analyzes the reasons of different situation in each country. These analyses can act as a cushion to researching situation of our country. Then the thesis compares and inspects the different views on the concept and characteristics of crime of amount, and differentiates crime of amount and crime of quantity. Then I bring up my own opinion. In the last place, there is some research on the three main classifications of crime of amount.Then the thesis investigates the amount of crime of amount, which is the important content of this thesis. First of all, I investigate the meaning of amount and the relation of amount and other plot. Then I propose my viewpoint through comparing the viewpoints of different scholars. Amount has great meaning for declaring somebody guilty and determining penalty. How to determine the standard of amount is very important. So I investigate the principle which should be followed when determine the standard of amount. In my opinion, four principles should de followed when determine the standard of amount. At the last, I investigate the misknowledge of amount, and propose some principles which should de followed when we deal with this problem.After that the thesis investigates the unaccomplished state of crime of amount. This is the difficulty of the thesis. I mainly compare and analyze the different viewpoints on the question unaccomplished state of crime of amount is exists or not. Unifying the related theory and law, I bring up my own opinion. Then, I analyze how to deal with the question when unaccomplished state of crime of amount and the accomplished state exist at the same time. Finally, I analyze how to deal with the amount of the unaccomplished state of crime of amount. For instance, when unaccomplished state of crime of amount and the accomplished state exist at the same time, I think the nature of serious behavior is the basis of judging the nature of the crime. When judging the amount of the unaccomplished state of crime of amount, I think we should distinguish different situations and take everything into consideration.In the last place, I give some advices about the perfections of crime of amount. Firstly, an appropriate variable should be pulled into the amount, in order to realize the stability and suitability of criminal amount. Secondly, I investigate the amount of intangible property. To deal with this problem, we can distinguish different situations and take different methods. Thirdly, when involving different areas, I suggest that the application of law of crime of amount should be stipulated clearly and we can build a database to contain the data of different areas.
Keywords/Search Tags:crime of amount, criminal amount, the unaccomplished state of crime of amount
PDF Full Text Request
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