Research On The Reform Of The Criterion Of Offense By Amount

Many accusations are stipulated in our country's criminal law, which define the starting point of punishment and extent for discretionary action of sentencing. such as banditry, crime of swindling, crime of corruption, crime of accepting bribes, crime of misappropriate bankroll, criminal offense of embezzlement etc. All these accusations go by the name of offense by amount,it account for 45.83% of all accusations in the criminal law.However, since the past 30 years the 1979's criminal law promulgated, apart from a few accusations raised the starting point of punishment(such as crime of intentional destruction or damage of properties etc),the starting point of punishment and extent for discretionary action of sentencing in many offenses by amount, particularly some common accusations (e.g. banditry, crime of corruption, criminal offense of embezzlement etc) did not revised the starting point of punishment and extent for discretionary action of sentencing.Since the implementation of reform and open policy, the national economy is developing at a rapid rate, GDP also keeping on a rise. So the original pattern which define the starting point of punishment and extent for discretionary action of sentencing by single or a group of account. It bring about some negative influence on the judicial practice, which the judgment conform to formal justice, but go back on substantial justice.Therefore, it will be the urgent problem in the criminal theory research and criminal practice to find out a connection point between the stability and the adaptability of criminal law, thus make crminalize guilty and measure penalty scientifically and accurately.The thesis attempt to expound and prove the deficiency of offense with respect to the criterion of criminalisation and measurement of penalty by the methods of comparison and case analysis. Moreover, it will combine the experience of judicial practice and figure out ways to resolve problems. This research ends up with the conclusion which the criterion of crimination and sentencing of offense by account should be regulated annually on the basis of rate of economic growth. The regulation should base on the average income of resident with previous year promulgated by statistical department all provinces. This method not only facilitate the operation of judicial practice, but also adapt to social development. It benefit to promote substantive justice and give full play to the social effects of judicial adjudication.