Conviction And Sentencing About Attempted Crime Of Amount

The crime of amount has been discussed for a long time in China’s criminal law. On the one hand, the crime of amount is a special type in our country, it’s due to the China’s law which conducts the crime in both qualitative analysis and quantitative analysis. On the other hand, the crime of amount exists in a large scope,has a high probability, if we can’t understand the nature and function of the amount correctly, it will be difficult to properly convict and punish in the judicial practice. In the discussion about the crime of amount, the most controversial is attempted crime of amount, including attempt in crime of amount if there, the conviction and punishment of the attempted crime of amount and the amount calculation about partly attempted crime of amount in the practice. Therefore, on the basis of analyzing the nature of the amount, I will do a research on attempted crime of amount about problems above-mentioned.The article is divided into four parts.The first part: the overview of attempted crime of amount. This part includes two points: one is discuss the nature of amount in the crime of amount. Through the analysis of the crime of amount ’s concept, it can conclude that the amount is difficult to summarized in a single theory. According to relation between amount and illegality of behavior and the degree of violation of legal rights, the nature of amount can be divided into three types; the other is defining the attempted pattern of crime of amount. Comparing different theories of accomplishment standards, it is concluded that the attempted crime of amount need to meet the requirements of the form, but also to reach the standard substance.The second part: In this part author lists the theories about whether the attempted crime of amount exists or not, including positive theory, negative theory and eclecticism. Nowadays, the certain of attempted crime of amount existence hold a dominant position. After analysis of the three theories, Author confirmed the existence of attempted pattern, and provide the reasons in practice.The third part: Sum up incriminate modes of attempted in crime of amount: other crime plots incriminate mode, three times accomplished incriminate mode, accomplished amount plus attempted amount incriminate mode. Combined with judicial interpretation, author believe that to increase the incriminate standard of the basic attempted crime of amount don’t conform the criminal law theory and practice. We should definitude the range of punishment for attempted crime, based on the principle that making no penalty on basic attempted crime of amount. And according to criminal type we should set up different standard.The key to judge attempted crime of amount not only depends on amount, but also the judge direction.The fourth part: defining the concept of partly attempted crime of amount and discuss the punishment. Sort out the punishment methods of partly attempted crime of amount, namely, the crime amount’s calculation method. Through the analysis of the feasibility of various methods, it can be included that according to different situation we should consider whole accomplishment theory and integral attempted theory and absorption theory.