Study On The Impact Of The Money Category Crime Of Amount Conviction And Sentencing Of Inflation

In the era of high inflation, the current amount of money committed quantitative mechanism class, can not meet the inflation criterion dilution of the amount, so that justice should gradually deviated from the track. Based on China’s rapid criminal justice practices and our inflation and real economic growth, inflation, the amount of class around the amount of impact on criminal conviction and sentencing, combined with statistics, philosophy, economics, sociology, labor law, political economics relevant principles, this paper advocates seek to overcome the inflation path for a relatively reasonable amount guilty conviction and sentencing, that the minimum wage as a reference, build a dynamic equilibrium to follow changes in inflation amounts standards. The full text is divided into five parts:The first part, "Inflation and the amount of the basic definition of guilty," is the logical starting point of this article is mainly carried out analysis of what is defined as a measure of inflation and, in the analysis "amount" in nature and committed role in the amount of based on the amount of what made this article gives a definition of that form the so-called crime is committed amount statutory amount as the constituent elements constitute the basic amount of the crime of criminal elements, in order to build a dynamic equilibrium for the amount of the standard laid later logical starting point.The second part of the "amount of inflation on issues affecting criminal conviction and sentencing investigation", part of the problem is presented in this paper that the amount of inflation on criminal conviction and sentencing issues, including the impact of inflation, expanding the amount of crime committed by the amount of class rings, leading to hidden Aggravated sexual differences and alienation reasonable standards in different parts of the conviction and sentencing of several circumstances, and through a district of Shenzhen City from 2010 to 2013 all cases of fraud statistics, Shenzhen and Chongqing national accounts data, practice visits By comparison of the data, binary regression analysis, dynamic comparative analysis will be specifically quantify its impact. The reason why these conditions exist, mainly because of the legislative and judicial interpretation of the lag with stiff resistance.The third part of the "committed against the conviction and sentencing of inflation on the amount of the theoretical basis", is the basis of the theoretical part of the paper, in particular from the legal basis respectively, philosophical foundation, the foundation of sociology, economics foundation for overcoming the four aspects of inflation on the amount of guilty conviction and sentencing of the theoretical basis of the sort or explore that on the basis of the law, to overcome the impact of inflation on the amount guilty conviction and sentencing, is the essence of rationalism stand the conviction and sentencing requirements, but also criminal law clear and appropriate, fair and impartial administration of justice the pursuit of the rule of law; in philosophy, based on the principles of the dialectical relationship between quantitative qualitative change in philosophy, the development of the material world for eternal indicates methods; in sociology, based on the community to address social fairly balanced in terms of sociological theory, explains The amount of social standards should circumstances change with the change; on the basis of economics, thought Nash equilibrium theory and the cost-benefit balance inherent equilibrium theory, the amount of the standard requirements to be able to balance the cost of crime and the proceeds of crime.Part IV, "to overcome the basic path of inflation on the amount guilty conviction and sentencing of the impact of the selection," is this paper to solve the problem of macro-vision of the specific reference to the criminal law in a certain dynamic criteria(such as per capita GDP, per capita disposable income, minimum wage, etc.), the "large amount" and so the amount of open standards embodied maintain coordination and economic factors change the standard(reference model), in order to ensure the unity of the social and economic changes in the stability of the criminal law, to ensure that the amount of standards and social dangers of dynamic equilibrium, to ensure regional economic development is uneven and dynamic contrast applicability of unity, and thus reflects the principles of our criminal legislation stipulates that fit both the foundation and the successful practice of judicial practice of extra-territorial legislation.Part V, "to overcome the inflation impact on the amount of criminal conviction and sentencing practice path," is this paper to solve the problem of micro-practice part, specifically in criminal law, the minimum wage in the county as a reference, the "large amount", etc. Standard outlines embody a certain multiple of the minimum wage. After testing the minimum wage as a reference, to overcome the effects of inflation on the conviction and sentencing, and from 2010 to 2013 all the statistical data in the case of fraud in a district of Shenzhen, Shenzhen, Chongqing economy and accounting data to be verified. Finally, this will be explained in more than inter-regional and multi-year crime problems applicable reference model.