Quantitative Issues Of The Crime Of Chinese Criminal Law

This dissertation discusses a theorical problem on the quantitative elements ofthe conception of a crime indicated in several judicial cases. During hackling differentkinds of controversial viewpoints on this problem through a comparative analysis, theauthor presents several questions on these given viewpoints, and attempts to come upwith the answers. The author suggests that the key to end such a debate is to reveal theessential problems.Previous researches still have a series of defects after obtaining severalsystematic theories combining normative analysis and comparative analysis. Tohackle the articles of several normative documents including some judicialinterpretations drawn by the Supreme Court and criminal limits jointed drawn by theSupreme Procuratorate and the Ministry of Public Security, the author concludes11conditions pointed by result as one of three categories of the quantitative elements,and proposes two problems on the issue of the quantitative elements to be done: the1st is whether an unwritten quantitative element exists or not; the2nd is on theconnotations and denotations of the quantitative element.The debate on the theory of the quantitative elements on the theory of CriminalLaw exists both in China and other Continental Law System countries. Domesticresearches partly borrow viewpoints from the later countries, and also have their owninnovations on this debate. However, these innovations do not contribute to solve thediffiduties between theoretical explanation and judicial practice on the exceptionclause.of Aticle13of the Criminal Law.There are four groups of relationship on quantitive elements argued by previousresearches collectively, consisting of relationship between the quality category and thequantity category, form and substance, subjectiveness and objectiveness, positivenessand negativeness, which is the key to exterminate such a debate. The author attemptsto answer questions about these four groups of relationship.On problem of the1strelationsip, the author holds that a major premise judgedbefore the judgement on change between quantity category and quality category and aobject directed by such a change is essential for the sake of obtaining the effects ofepistemological norms.On problem of the2ndrelationship, the author insists that a principle of relativityneeds to be followed on relationship between form and substance. This principle isfollowed through a two-layer epistemic logic judging whether a behavior is evaluated to be a crime and an uniqueness combining the form category and the substancecategory to eliminate social harmfulness of a behavior.On problem of the3rdrelationship, a similar principle of relativity also needs tobe followed. Previous researches focuss on dividing the quantitive elements intofators of subjectiveness and that of objectiveness partially. But there exists severalquantitive elements having no possibility to be divided into two layers absolutely injudicial practice, and a theoretical divide does not make scense.On problem of the4threlationship, the author attempts to propose a possibleresearch path of multi-level steric-like sorting taking both four groups of relationship,aiming at ultimate theories on the nature of crime.