Research On The Balance Between Crime And Punishment Of Crime Of Amount

The crime of amount in the specific provisions of the criminal law has a large proportion,and widely exists in judicial practice,so the crime of amount occupies an important position in the criminal legal system of our country.About the basic theory of the crime of amount,there are plenty of fruitful researches,but there is not much theoretical research on the balance between crime and punishment about crime of amount.With the rapid development of social economy,crime of amount is becoming diverse and complex.The unbalanced conviction and sentencing is becoming a growing phenomenon,which seriously influences the effectiveness of the criminal law and judicial credibility.Therefore,how to make a scientific and accurate amount of conviction and sentencing,and to achieve the balance between crime and punishment of crime of amount,are the problems which urgently need to be solved for our country's criminal law theory and criminal practice.This paper,from the definition of crime of amount,and through the analysis of the characteristics and the legal basis,lays a theoretical foundation for the study of the balance between crime and punishment of crime of amount.Then from the perspective of practice,using the method of logical analysis,case analysis,this paper explains the phenomenon of uneven conviction and sentencing,and analyzes the root causes of the problems.Finally,this paper explores the principle to follow for achieving the balance between crime and punishment of crime of amount,and puts forward specific measures,hopes to be raise attention and in-depth discussion in the field,and to provide help over achieving the balance between crime and punishment.In addition to the introduction,the full text consists of four chapters.The first chapter An overview of the crime of amount and the balance between crime and punishment.Crime of amount is prevalent in the theory and practice of criminal law in our country,but there is no common understanding about the concept of crime of amount.To clear the concept is the premise of the research problem,so this paper studies the basic concept,characteristics and legal basis of crime of amount,and briefly discusses the requirements of the principle of equilibrium,reflected in the legal provisions in the amount made through the analysis of the theoretical groundwork for the following research.The second chapter Analysis of current situation of the balance between crime and punishment in crime of amount.Through the case analysis,this paper reveals the growing phenomenon of the unbalanced crime and punishment of crime of amount in judicial practice,and summarizes the negative effects of this phenomenon.This is the focus of this article.The third chapter Analysis of the reasons of unequal crime and punishment of crime of amount from the legislative,judicial and other aspects.The fourth chapter Realize thoughts on achieving the balance between crime and punishment of crime of amount.Reference for The 9th Amendment of Criminal Law of embezzlement,bribery,such as position type make amount of the improvement and insufficient of the standard criterion for the conviction,this paper explores the principles to follow for achieving the balance between crime and punishment of crime of amount,and puts forward specific measures.This chapter is a difficult point of this article and is also a bright spot.