Research On Quantitative Measuring Factors Of Crime In Chinese Penal Code

Quantitative analysis of the crime is a problem that existing in all countries in the world. But regulate quantitative measuring factors of crime directlyin penal code is unique in china. This kind ofpenal code model is closely related to the traditional legal culture and the whole legal order in our country,which is difficult to change in a short time.The criminal law article 13 proviso clauses is the souse of quota factors in the specific provisions of criminal law. Under the guidance of proviso clauses, quantitative measuring factors canbe divided into statutoryquantitative measuring factors and implicit quantitative measuring factors.Statutory quantitative measuring factors refers to the words in provisions specified in the specific provisions of criminal law reflect the degree of behavior and result.Implicit quota factors are implied in the proviso clauses,which must be based on the protection purpose of specific specification and combining the explanation of law in order to read out.About the nature of statutory quantitative measuring factors exist constitutive element of crime theory, quota factor theory and objective punishment conditions theory. These theories argument vividly reflected in how to process the error of cognitionof the amount of the amount crime,the cognition of culpability form of consequence crime and the debate of the nature of plot of circumstance crime. Crime of quantitative remind us that we should strictly limit the establishment of the crime from the angle of the adaptive punishment of the crime, we should also consider the requirements of the criminal policy appropriately in the theory of crime,grasp the extent of the behavior to exclude the behavior that are not appropriate to criminal penaltiesoutside the circle of crime. This is the biggest effects that crime of quantitative on theory of crime system.