Study On The Aggravated Crime Of Amount

The aggravated crime of amount in the Criminal Code which occupies an extremely important position, mainly in China’s economic prescribed class of crime and property crime category. Research on the aggravated crime of amount main significance lies in the behavior of people at a reasonable penalty encounter problems, therefore, it should make sure the amount of emphasis exists a reasonable concept of legitimacy. For the amount of the amount committed aggravated by analyzing its relationship with the number of, say on the basis of taking a narrow view of the above, the amount will paraphrase: The crime against objects shown in order to calculate the economic value of certain standards, in monetary terms than other forms of economic performance could value does not include the number of items of property covered by the specific number, size, weight and so on. According to the different criteria, the aggravated crime of amount will be divided into dependent on the amount committed and dependent on non-amount committed, independent amount aggravated crime, selectable amount aggravated crime and type merging amount aggravated crime, to know more about the characteristics of the amount of aggravated offense.For the nature of the aggravated amount, after analyzing the defects of the elements of the crime and the non-desirable of the object punishment, affirming to put the aggravated amount belong to the relatively independent constituent elements of the elements, will better reflect its position in the amount of the constituent elements of the aggravated crime of the amount. The cumulative amount of aggravation, as a rule of process the number of crimes and the criminal responsibility of the perpetrator, it should be clearly defined “ multiple” refers to two or more times; and for the amount of “untreated” can’t be generalized to all that the amount has been received administrative process are not cumulative, should analyze specific circumstances; and untreated “act” be understood to include both the nature of the offenses also include criminal acts, not only conducive to better achieve the amount of the cumulative value of the system exists, but also to effectively combat crime, protect the legal interests; and it should be taken differentiated approach to determine the amount of time, that the violations of administrative law applicable statute of limitations period, the statute of limitations period applicable to criminal behavior criminal, more scientific and reasonable.After collate scholars’ amount for the existence of attempted aggravated crime form the view, through analysis of the defects of the negation and the doubts of the said compromise, affirmed the amount aggravated form of existence. For the finds of the aggravated crime of amount, We should adhere to the principle of unity of subjective and objective basis for different situations to different treatment, And we should commit to increase the amount of legal punishment as a sentencing basis, up to the amount of punishment to commit aggravated amplitude choice of penalties applicable to human behavior.