Research On The Attempted Form Of Crime Of Amount

In criminal law of china,crime of amount is a very common type of crime, injudicial practice, crime of amount is a class of multiple sins. Our country’s criminallaw theory circle has made a certain amount of research of crime of amount, in manywritings of crime we can see discuss about crime of amount,but,the research of crimeof amount by our country’s criminal law theory circle is short overally, not enoughcomprehensive and in-depth. Especially for the attempted form of crime of amount,our country’s criminal law theory study is less, and mostly in the discuss of whether ornot the attempted form of crime of amount is exist, the concept and the constitution ofcharacteristics of the attempted form of crime of amount,the identify and punishmentof the attempted form of crime of amount etc are few involved. Theory guidingpractice, the lack of theory led to confusion to judicial practice,"Only amount theory"is the important embodiment of this confusion.so it is necessary to make a further andsystemic research to the attempted form of crime of amount.This paper mainly includes four parts,they’re the general theory of crime ofamount, the concept and the constitution of characteristics of the attempted form ofcrime of amount,the analysis that the attempted form of crime of amount is exit andthe identify and punishment of the attempted form of crime of amount.There are about40000words in this paper.The first part, the general theory of crime of amount. This part mainly introducesthe basic theory of crime of amount, including the concept and classification ofcriminal amount, the concept and classification of crime of amount,the status ofcriminal amount in crime of amount. The author thinks that the criminal amount is theamount of property or the quantity of the product that stipulates in the criminal lawand involved to crime and marks the harmfulness of behavior to the society andmeasured with a certain sort of standard.The crime of amount is a type of crime thatcontains a certain criminal amount as a crime components elements.In crime ofamount, the criminal amount is a relatively independent crime components elementsof objective.In this part, the author classifies the criminal amount and the crime ofamount respectively,all of them can divide into four types according to differentstandards.The second part, the concept and the constitution of characteristics of the attempted form of crime of amount. The author thinks that the attempted form ofcrime of amount is a criminal cessation pattern in which the actor has already begunto be carried out the crime which contains a certain criminal amount as a crimecomponents elements,and there is no real damage amount because of the reasans thatare independent of the wills of the offenders,but the amount of risk has appeared andthe behavior has reached the degree of social harmfulness that deserves penaltypunishment summing up the whole details of the case.The attempted form of crime ofamount has five aspects of the structural characteristics.The third part,the discrimination of existence of the attempted form of crime ofamount.In this part,the author introduces viewpoints of our country’s criminal lawtheory circle that whether or not the attempted form of crime of amount is exist andgives comments of the author respectively firstly, on the basis of that the author thinksthat both the basic crime and the aggravatedcrime have the possibility of havingattempted form.The fourth part, the identify and punishment of the attempted form of crime ofamount.About the identify of crime of amount,the author discusses the generalprinciple of identify of the attempted form of crime of amount,and based on this theauthor analysis the identify of the basic crime and the aggravatedcrime specificallycombined with specific charges.At the same time,the author discusses some specialproblems of the identify of the attempted form of crime of amountcorrespondingly,like the issue of “partly accomplished and partly attempted”.Aboutthe punishment of the attempted form of crime of amount,the author analysis the basiccrime and the aggravatedcrime respectively.