On The Attempted Form Of Aggravated Crime Of Amount

The aggravated crime of amount occupies an important place in the criminal law of China, embodied in the economic crime, property crime, the crime of corruption and bribery, etc. The attempted pattern of aggravated crime of amount is a difficult problem on the cessation patterns of aggravated crime of amount. Unfortunately, the academic circle of Chinese criminal law does not pay enough attention to it at present, there being various opinions as to the problem whether the concept of the aggravated crime of amount should exist and diverse definitions on the nature and scope of the aggravated amount. Besides, the scholars have not reached an agreement on if there is an attempted state of aggravated crime of amount and hold different views on the identification and punishment of attempted state of aggravated crime of amount. So the essay studies the above problems in the following five parts.The first chapter discusses whether the concept of the aggravated crime of amount should exist and tries to define the scope and property of aggravated amount. According to Chinese criminal law provisions and the distinction between the aggravated crime of amount and the basic crime of amount, it is necessary to accept the concept of the aggravated crime of amount. Through the analysis on the amount set by criminal legislation and judicial interpretation, the essay draws a conclusion of the scope of aggravated amount. The aggravated amount is a relatively independent constitute element in the constitute elements of the aggravated crime of amount.The second chapter summarizes various views on the attempted pattern of aggravated crime of amount. As to the attempted state of aggravated crime of amount, there are three different views in China, the positive theory, the negative theory and the compromise theory; but there are some defects in the negative and compromise theory, which is discussed in this part of the essay.The third chapter gives argument on the existence of the attempted pattern of the aggravated crime of amount. The existence of the attempted state of the aggravated crime of amount meets the goal of the regulations and conforms to the theory in the constitute of crimes, which helps prevent crime effectively and punish the offenders according to the crime they commit. In addition, the criminal law and the judicial interpretation provide the legal basis of the existence of the attempted pattern of the aggravated crime of amount.The fourth chapter introduces the identification of the attempted state of the aggravated crime of amount in different types. According to the legal characters of different crimes, the attempted state of the aggravated crime of amount can be separated into the type of specific provisions and the type of general provisions, whose attempted states are also discussed respectively in this part..The fifth chapter discusses the types of the attempted state of the aggravated crime of amount. For the purpose of accurate measurement of penalty, determining the legal penalty according to the legal interests the law protects, it is necessary to distinguish the criminal attempt to the end of the behavior and that not to the end of the behavior, attempted crime and attempted crime due to impossibility.