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A Study On Several Problems Of The Attempted Crime Of Amount

Posted on:2015-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:N SunFull Text:PDF
GTID:2296330467453970Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of amount is a peculiar kind of crime in the criminal law of ourcountry. In recent years, academic researches on the crime of amount are more than afew, but most studies are only in the theoretical stage. The cases that how to convictand punish both the attempted crime of amount and partly attempted crime of amountare often encountered in judicial practice. As the purpose of the studies is to solve thespecific crime in judicial practice, I choose this topic as the dissertation of my masterdegree.Besides the preface, this paper divides into four parts: basic research onattempted crime of amount, the existence of attempted crime of amount, theconviction and punishment of the attempted crime of amount, partly attempted crimeof amount.Part one: the overview of attempted crime of amount. In this chapter the authormainly talks about two basic questions. One is the concept of the crime of amount.The crime of amount is expressly stipulated in the criminal law, which is a type ofcrime based on amounts or quantities that may not only reflect the social harmfulnessof behavior and the degree of illegality but also be the constitutive elements of thecrime. The other one is the concept of the attempted crime of amount, and this section focuses on the problems that should pay attention to during the determination ofattempted crime of amount.Part two: the existence of attempted crime of amount. In this chapter author liststhe views of whether the attempted crime of amount exists or not, and makes somecomments on the views. After all in the author’s opinion the crime of amount is ofcourse have attempted crime.Part three: the conviction and punishment of the attempted crime of amount. Inthis part the author mainly discusses that whether the attempted crime of amount ispunishable or not and what the penalty based on and whether it is reasonable toimprove the standard of the crime or not. In the author’s mind the attempted crime ofamount is punishable and it is not necessary to improve the standard of the crime. Nomatter it is a crime of amount or an attempted crime of amount, criminalresponsibility should be investigated for individuals as long as behavior amountreaching the standard of conviction.Part four: partly attempted crime of amount. In this part the author tries todiscuss what the partly attempted crime of amount is and how to convict and punish it.As the author considers, it should be discussed in the different situations when theattempted and accomplished are both occurred in the crime of amount.In order to properly solve the sentencing criterion of partly attempted crime ofamount, we should synthetically consider not only the reasonable parts of the overallattempt theory and the overall accomplishment theory but also the advantage of theheavier sentencing theory.
Keywords/Search Tags:the crime of amount, the existence of attempted crimeof amount, partly attempted crime of amount, the standard of thecrim
PDF Full Text Request
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