A Study On Attempt In Crime Of Amount

Since the reform and opening-up, especially with the development of market economy, crimes ofamount exist in economic area show obvious characters of multiple occurrences and complexity. There is anapparent upwards trend in the crime rate of crimes of amount. Crimes of amount have now become a hottopic in judicial practice and criminal theory. The dispute over attempted crime in crimes of amount hasnever stopped; the consensus has not yet reached in theory or in legislation, which obstructs the realizationof justice and order in criminal law. Considering a gigantic discussion process the research of attemptedcrime in crimes of amount would be, this paper just conducts discussions about several aspects of attemptedcrime in crimes of amount, tries to pry a corner of the iceberg, and provides helpful advices to improvelegislation and judicial practice in attempted crime in crimes of amount so as to ensure the orderly andefficient operation of market economy.There are five parts in this paper. The first part is an introduction and analysis of disputes overattempted crime in crimes of amount. There are three different opinions in academic world: positive theory,negative theory and compromise theory. The cores of disputes are identification of the function of amount,and the existence of attempted crime in crimes of amount. The second part focuses on solving basictheoretical issues of attempted crime in crimes of amount, which include definition of crimes of amount andidentification of the function of amount. The crime of amount is a type of crime that contains amount as itsconstitutive requirements. The function of amount is not an objective requirement of penalty, but aconstitutive requirement which has qualitative and quantitative functions. The third part is a theoreticalreconstruction of attempted crime in crimes of amount. This part consists of the foundation, requirement andscope of the existence of attempted crime in crimes of amount. The existence of attempted crime in crimesof amount complies with theory of crime constitution, legislative regulation, the arranged goal of criminallaw. The requirement of attempted crime in crimes of amount to exist is the behavior has already conductedthe act of perpetrating, but it cannot be completed because of unexpected elements. The existence ofattempted crime in crimes of amount does not mean all crimes of amount have the situation of attemptedcrime; it has a boundary, which is limited by the scope of attempted crimes, and the scope of attemptedcrimes in crimes of amount. The fourth part analyzes the current condition and improvement of attemptedcrimes in crimes of amount in legislation. The reason that leads to problems in attempted crimes in crimes ofamount are, on one hand, the over general regulations of attempted crimes; on the other hand, there areunscientific provisions in crimes of amount itself. Therefore, the legislative improvement should beconducted in legislative and judicial explanation of the attempted crime and crime of amount. The fifth partanalyzes the current condition and improvement of attempted crimes in crimes of amount in practice. In practice, due to the imperfection in legislation, lack of awareness of classification of crimes of amount, andthe false opinion of “amount center theory”, there are different judicial assessments about attempted crimein the same crime of amount and same judicial assessments about attempted crime in different crimes ofamount. Thus, this paper proposes insisting on the principle of consistence between objective and subjectiveelements, assessing the attempted behavior in crimes of amount hierarchically, and step by step.