The Research On Several Problems Of The Crime Of Amount

The crime of amount is a special type of crime in China’s criminal law whichconducts the crime in both qualitative analysis and quantitative analysis. With thedevelopment of the economy, the change of the society, the proportion of economiccrimes and property crimes is ever-growing. Its incidence in the criminal law systemalso has become more and more. And in these, the amount is an important standard tothe punishment fits the crime. Therefore, the circles of theory and practice all payattention to the problems of the crime of amount.Our legislation has also made many specific provisions about the crime ofamount. However, the abstractness and the generality of the law make its formulationlack the accurate expressions. And the legal lag causes the legal gaps and loopholes tothe new phenomenon. In addition, specific provisions of criminal law make differentprovisions cause the confusions, even contradictions. In view of the above problems,judicial interpretations have made up and limited, but they don’t have the unifiedstandard, and don’t coordinate too.In consideration of the importance of the problem of crime of amount and therelevant legal provisions of our country is not perfect, the scholars for the difficultproblems have begun to study, including the writer.This article is divided into three chapters.The first part mainly discusses the form of attempted crime of the crime of amount. First, the author divides into different types of crime of amount, and differenttypes have different situations. Then talk about how to deal with the situation that theaccomplished state and the unaccomplished state coexist. And through the study, theauthor comes to the conclusion that is heavier than felony.The second part mainly discusses the calculation of the amount of the crime ofamount. Above all, research the cumulative amount of computation problem,including the theoretical basis, and the practical problems. Second, talk about thespecial circumstances of amount calculation, for example, a variety of standard of thesame crime, repeating the behaviors to the same object, robbing peter to pay paul. Andthe author expounds her solutions.The third part mainly discusses the problems of subjective understanding of thecrime of amount. First of all, introduce the related theories, such as the determinationof the amount standard, the subjective form. Next, analyses the issue of error ofcognition, including the subjective amount is greater than the actual amount and thesubjective amount is smaller than the actual amount.I hope that through the research I can contribute to the perfection of the theoryand the development of the practice of the crime of amount.