Research On The Sentencing Of Amount-related Offense

This paper,based on the basic problem of the amount-related offensee,analyzes the problems of the current standard of the amount of sentencing in the legislation and the problem of the sentencing in the judicial practice.The full text is divided into three parts:The first part of the basic problem of the amount-related offense.First of all,the concept of the amount of offense to explore the comparative analysis of the current academic controversial views one by one to discuss the various points of view similarities and differences between the Department,summed up on the basis of the basic definition of the amount of guilty,Refers to a certain amount of illegal acts or results to the state that should be punished with penalties to the criminal form.Secondly,the relevant factors involved in the amount of sentencing are discussed.Whether the amount-related offense or crime,are the amount of how to commit the crime played an important role.As an important basis for judging the level of criminal punishment,the amount-related offense is also a decisive direction for the determination of sentencing and declaration of punishment.Crime can affect the sentencing range,the amount-related offense can not afford the standard sentencing to complement the role.The second part of the amount of sentencing standards of the legislative deficiencies and improve the recommendations.The author analyzes the current situation of the sentencing standard of the amount of crime in our country,and sums up three problems,including the standard of sentencing,the subjective confusion of sentencing standard and the limitation of crime amount.First of all,we should improve the amount of sentencing standard provisions;second,it should standardize the sentencing criteria for the development of the main body;the first of the three,Third,we should enhance the role of the plot in the sentencing standards.The third part of the judicial determination of the amount of sentencing to determine.The author focuses on the difficult problems in the sentencing of the amount offenders in the current judicial practice.The first part is the amount of the different forms of guilty of how to send the sentence,including the attempted amount of the amount of sentencing,both the amount of co-existence of the sentencing of the sentencing,plot and the amount of committing the amount of co-Sentencing of Amount Offense under Joint Crime.The second part is how to determine the amount of the amount of misconduct in the case of sentencing,from the conviction and sentencing to discuss two aspects.Combined with the typical case and the existing criminal law,the judicial interpretation of these sentencing problems put forward their own thinking and recommendations.