Study On The Offense Aggravated By Amount

The criminal law of our country stipulates the concept ofcrime "with qualitative and quantitative" mode,"criminal law" thirteenth articleis general quantitative factors, there are lots of anaphoric quantitative factors and thespecific provisions, the amount is one of them. Aggravated amount is the amount ofaggregated consequential offense aggravating factors, is the main factor the amountof aggregated consequential offense is different from other aggregated consequentialoffense. The amount and the main provisions of repeated in the property crime andeconomic crime, occupy a certain scale in the criminal law, and it is often the case injudicial practice, which has theoretical and practical study on the amountof aggregated consequential offense significance. The purpose of this paper isto discuss issues related to the amount of aggregated consequential offense, in orderto solve the judicial practice in the case. This article focuses on the issues relatedto the amount of aggregated consequential offense, The article is about thirty-twothousand words, consists of the following parts:The first part, this part firstly discusses the concept of the amount of aggregatedconsequential offense, affirming the existence of the amount of the concept ofaggregated consequential offense is reasonable, clear aggravated amount is not onlythe sentencing facts, but a kind of crime, and lay the foundation for the study ofother related issues; followed by analysis reflect the amount of aggregatedconsequential offense in criminal law legislation at home and abroad; followed bydiscussion of the amount of aggravated crime and aggravated offense bycircumstances, the distinction between the crime, emphasizing mainly as aggravatingfactors are different; the amount of aggregated consequential offense is classified, fordifferent types of aggravation for amount characteristic and law make applicationanalysis.The second part, this part on the basis of the first part, further aggravatingfactors (amount of aggregated consequential offense aggravated amount) is discussed. This part firstly aggravated amount characteristic; secondly discusses thenature of the amount, nature advocates amount should be a kind of elements; finallythe cumulative amount of related problems is discussed, emphasizing the criminalprovisions of the accumulative calculation rules should be special rules for treatmentof crime number, as long as the provisions of the accumulative calculation can beapplication, rather than merely continuous offence, the case for creep offense.The third part, this part elaborated aggravation for amount to distinguish crime,attempted, clear amount aggravating has accomplished, abortive form, and thendiscuss the specific identification, hierarchy theory advocates using crimeaccomplished standard to determined the amount of aggregated consequentialoffense accomplished, attempted to the unity of subjective and objective principleaccording to different the situations of different treatment; finally, punishmentamount aggravating attempted to "part, accomplished attempted part" situation,should be based on the cumulative amount as the premise, distinguish differentsituation, comprehensive use of the "whole is said "and "overall attempt", ensure thescientific and reasonable.