Study Of The Criterion For Judging The Quantity Of Crime

The criterion for judging the quantity of crime is the fundamental basis to determine thequantity of crimes, and it should also be the unique basis. A reasonable standard for judgingcrime number should be maintained unity both in theory and in practice. Should provideguidance for legislative activities and eudicial activities, guide the judicial personnels todetermine the the quantity of crime in right way. But for China’s current situation, the systemof legislation is lack of systematic, the same type of behavior sometimes be adjudged as onecrimes, sometimes be adjudged as plural crimes, and there is no standard in theory to decernsingle penalty or joinder of punishments, In practice, judicial personnel is very confusing todeal with the problems of the crime’s quantity and same penalty cases often differ. The reasonis that the standard for judging crime number has deficiencies, and required to beconsummated. This paper is divided into four parts to discussed this topic.The first part, overview the theories about quantity of crime to distinguish the basicconcepts for avoid the abuse of this concept. Then expounded the theory’s developmentprocess to have a comprehensive concept. Clarifies the theoretical positioning of the theoryfor crime quantity in the system of criminal law, and dualism is most reasonable. Finally,elaborated several major theories in the worldwide. The standard for judging the quantity ofcrime is a part of the theory about the quantity of crime, in order to clear the standard forjudging the quantity of crime we must have a overall control above different theories.The second part, introduce more influential seven theories about the standard forjudging the quantity of crime, and gain acomment. Criminal intent theory claim that weshould judge the quantity of crimes by criminal intent. Theory asserting act as the criterion ofplural crimes claim that we should determine the quantity of crimes by criminal conduct。Theory of asserting consequence as the criterion of plural crimes claim that we shoulddetermine the quantity of crimes by legal interests. Theory asserting constitution of a crime asthe criterion of plural crimes claim that we should determine the quantity of crimes by legalconstitution of acrime, acts qualify as a crime constitutes is one crime and acts qualify asseveral crime constitutes is plural crimes.The third part，were focused on the analysis of theory of asserting consequence as the criterion of plural crimes. Affirmed ti’s superiorities, and summarizes its shortcomings. It’ssuperiorities are consistent with the theory of criminal law in china, comply with the principleof the unity of subjective and objective, consistent with the basic principles of the theory ofcrime’s quantity. Its shortcomings are has seriously departure from the practice, impossible toget implemented and lack of hierarchy, orderless in application. Analyze the theory ofasserting consequence as the criterion of plural crimes in Critical way provides us material toabsorb and propose a more reasonable standard.The fourth part, by analysis of theory asserting constitution of a crime as the criterion ofplural crimes, we vividly advocated amendatory criterion for judging the quantity of crime.That is the criterion of plural crimes which combined the constitute of a crime and theconsequence, then demonstrates that the amendatory criterion for judging the quantity ofcrime is much more practical and reasonable.