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On The Attempted Pattern Of Crime Of Amount

Posted on:2015-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2296330467467782Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Many accusations are involved in the amount provisions in views of the existing Criminal Law. These accusations are often the common crimes and multiple crimes in judicial practices, such as theft, fraud and other crimes. It should be spoken that crime of amount is not a legislative concept or a judicial concept. It is not the specific accusation of specific provisions of the Criminal Law, but the generic name of crimes with the amount of crime as constitutive requirements. It is a concept which was proposed to the crimes that do not take amounts as constitutive requirements of convictions and sentencing criterions. Although there is a considerable amount of writings and theses on studying crime of amount, there is a lack of more systematical elaborations on issues related to criminal attempts of crime of amount. Setting the amount of crime as a whole, there is an important theoretical and practical significance of the study on the issues related to criminal attempts. It not only helps to deepen the essence understanding of the criminal pattern-crime of amount, but also helps to provide solution ideas for the judicial practice to handle related issues on criminal attempts of crime of amount.There are three parts of this article, including the general theory of crime of amount, the criminal attempt patterns of crime of amount and the punishments of criminal attempts of crime of amount.Main contents of the first part are the general theories of crime of amount. In this part, the author describes the extension, the nature and concept of the amount in crime of amount, the differences among the crime of amount, circumstances offenses and consequential offenses and the classifications of crime of amount. The author believes that the crime of amount is a crime with a certain amount as the conviction standard according to specific provisions of the Criminal Law. The amounts of crimes are the amounts set by the law and be the conviction standard and the constitutive requirements of crimes in crime of amount. The crime of amount could be divided into four types according to different criterions, namely, pure and impure crimes of amount, the basic crime of amount and the aggravated offence of crime of amount. In this part, the author also elaborates the differences among the crime of amount, circumstances offenses and consequential offenses..The main content of the second section is the criminal attempt patterns of crime of amount. As the main section of the article, the general theory of criminal attempts, Opinions and analyses of criminal attempt patterns of crime of amount rationales of criminal attempt patterns of crime of amount, existent ranges and establishing conditions of criminal attempts of crime of amount are included. There are criminal attempt patterns of crime of amount which are determined by the nature and status of the crime amounts in the composition of crime of amount. However, there are existent ranges in the criminal attempt patterns of crime of amount. Meanwhile, the establishment of the criminal attempts of the crime of amount includes two conditions, namely, the basic features of the criminal attempts and the condition set in books but excluded by the Article Thirteenth in the Criminal Law.The punishments of criminal attempts of crime of amount are main contents in the third section. As for the punishments of criminal attempts of crimes of amount, the author first describes rationales of the punishments of criminal attempts of crimes of amount, on this basis, then he introduces the punishment problems of criminal attempts of the crimes of amount under different circumstances, including levels of amounts of crimes and attempted crimes and the punishment of attempted crimes under conditions of misunderstandings of crime of amount, namely, the punishment of attempted aggravated offences of crime of amount.
Keywords/Search Tags:Crime of amount, Criminal attempt patterns, The existent range, Thepunishment
PDF Full Text Request
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