Research On The Crime Of Amount

Crime of amount is not clearly defined in our criminal law,but a research result concluded by the criminal law scholars who study the kind of crime which takes the amount of crime as the component element in the criminal law.At present,the majority of criminal law theory about crime of amount is still only exists in single accusation,lacking of systematic research.Related theory research and legal provisions still exists some disadvantages,which is worth further study.This article from the following four aspects to study crime of amount:The first part focuses on the basic question of crime of amount,Including the controversy and redefine the concept of crime of amount,classification of crime of amount,as well as an analysis of crime of amount and related concepts.Aimed at laying the foundation for further research by defining the basic question of the crime of amount.The second part mainly discusses the recognition of the limits of crime and non-crime.Including the distinction between crime and non-crime in the determination of amount of proceeds of crime,the distinction between crime and non-crime in the determination of sales amount,the distinction between crime and non-crime in the amount of illegal business,and special provisions of judicial interpretation on the amount determination.In order to identify the significance to the amount of the crime of amount by analyzing the limits of crime and noncrime.The third part mainly studies the attempted form of crime of amount.Including the controversy over whether there exist attempted form in crime of amount,personal view of the attempted form of crime of amount,as well as the conviction and sentencing of the attempted form of crime of amount.Aimed at analyzing the related disputes and deficiencies of the attempted form of crime of amount,for the fifth part of the recommendations to provide a basis for improvement.The fourth part focuses on the improvement of the crime of amount.Including concretion of the open amount and the suggestion of the attempted form of crime of amount.In order to solve the problems in judicial practice and criminal theory.