Study On Issues Of The Amount Committed

The amount committed is due to China’s criminal law introducingquantitative factors as the amount of a particular type of crime offensesestablished conditions arising. The amount committed widely exists in ourcountry’s criminal law, in judicial practice is very widespread, with thedevelopment of society and economy, the amount committed have a lot ofdifficult problems. In view of this, I want to elaborate a number of issuesby the amount committed to a deeper understanding of the amount committed.This article is divided into four parts which are the amount committedfundamental problems outlined, the amount committed attempted shape,guilty of complicity in the amount of form and amount committedLegislation.The first part introduces the basic situation of the amount of crime,including the legislative history and legislative overview of the amountcommitted in our country and abroad, on the basis of the amount committedto the concept be clear. The amount of legislation is guilty of a longhistory, which is derived from the ancient China the "stolen impunity"legal tradition. States committed amounts for different legislativemodels, different systems constitute a crime, the amount of these analyzesis guilty of legislation made a peripheral bedding. Then I commit theamount of different concepts exist in criminal theories and observationswere compared, it made them different instructions and put forward theirviews on the concept of the amount committed, identified three areas ofcontention amounts committed, these three aspects were defined.The second part discusses the problem of attempted amounts. The amountcommitted whether there has been a major problem attempted theoristsdispute, and the parties have their own logical system and a theoreticalbasis. But the amount committed attempted in judicial practice is widespread, the author summarizes the views of scholars, and on this basis,the various viewpoints were evaluated. I believe that the final amountis guilty of attempted form of existence, but not all are able to committhe amount constituting attempted, but only the amounts committed underaggravating circumstances in order to constitute attempts. The author ofthis view from the theory and practice are explained and illustrated.The third part introduces the problem of the amount committed by anaccomplice. In case the amount of common crime, conviction and sentencingof the amount of each co-perpetrator in theory but also controversial,but because of common crime has its unique theoretical foundation, theamount of crime is also a common part of a common crime, and thereforeparticipate in the common conviction and sentencing of the amount whichthe perpetrator committed the crime can not be set aside separately todiscuss common.The fourth part of the amount committed to the improvement oflegislation put forward some ideas. The amount of the provisions of thecrime is the presence of some drawbacks, which makes the amount in thejudicial practice of injustice committed by the trial produced a problem,to ensure these issues are effectively addressed, it is necessary toimprove our legislation the amount committed. Improvement of legislationhas two main ways, these two approaches to criminal legislation would bea great challenge, the provisions concerning the amount of crime we havelong way to go.