On The Attempted Pattern Of Crime Of Amount

The crime of amount, is closely related with certain amount. It isone kind of universal crime type in our country criminal law, which mainlyconcentrates on the crime of disrupting the order of socialist marketeconomy,the crime of property,the crime of embezzlement and bribery,thecrime of disrupting managerial order of community. Now, academic researchon amounts committed have come from amount committed concept,type andother infrastructure problems to the in-depth study of criminal patternof amount committed.I will group them into three controversies: First,attempt in crime of amount if there; Second, attempt in crime of amountto incriminate standard; Third, attempt in crime of amount’s punishment.This article besides the introduction,is divided three parts to elaboratethe theory of the three disputed:The Fist Part: Theoretical analysis of attempt in crime of amountcommitted. In theory, the existence of attempt in crime of amountcommitted have three views: Definitely Said, the Denial Said, theCompromise Said. The performance of its controversial points in thedispute between the amount committed and results committed,Said thecompleted standards and the establishment of the standard that the dispute,Amount guilty of attempted existence rang of contention. I believe that recognition of the existence of attempt in crime of amount committed notonly conforms to china’s criminal law theory, and according to thecriminal law, while in practice could effectively control and preventcrime. At the same time, as a basis for research, the author will dividethe attempted crime of amount into two forms: attempt in basic crime ofamount and attempt in aggravated crime of amount.The Second Part: Incriminate mode of attempt in crime of amountcommitted. Our country criminal law on the amount committed to attemptedto incriminate use three different modes: To increase the amount attemptedto incriminate mode, Three times accomplished incriminate mode,Equivalent accomplished incriminate mode. The basis of a criticalanalysis of the three incriminating mode, I believe that to increase theincriminate standard of the basic amount committed attempted does not haverationality, the incriminate standard of attempt in basic crime of amountshould be equivalent to the standard of accomplished crime,simultaneously, considered the attempt in basic crime of amount is smallharm to the society, so in a judicial interpretation of the unificationof our country’s incriminate standard of the attempted crime of amount,we should make some restrictive provisions about incriminate standard,and express the standard of the attempt in aggravated crime of amount.The Third Part: Penalty of attempt in crime of amount committed.Inpractice, the amount of attempted criminal penalties have been more tothe confusion, the question focuses on the amount of attempted criminalpenalties against benchmarks, the amount of attempted criminal punishmentresults, forms of punishment when the accomplished crime coexist withattempted. I hope that through amendments to the criminal law or judicialinterpretations to clear the benchmark for the attempted crime of amount,to further regulate the conviction and sentencing for the attempted crimeof amount, to explore the application of criminal law when the accomplished crime coexist with attempted, to make the penalty for theattempted crime of amount justified by the law, according to the law.