A Study On The Determination And Punishment Of The Amount Convicted

China's criminal law clearly stipulates the amount of crime,which shows its advantages in terms of operability and predictability,and brings greater convenience to the administration of justice.However,due to the presence of Offense wide range,high-frequency occurrence,if it can not understand the nature and effect of the amount is correct,it is difficult to reasonably conviction and sentencing in the judicial practice.In the discussion of the amount committed,attempted to commit the amount of its form is important and difficult,including the amount of the Attempt presence or absence of the amount of the Attempt of conviction and sentencing and other issues.Therefore,the author attempts to analyze and discuss the above-mentioned problems that have not been committed.The full text consists of three parts.Part one: the basic issue of the amount of crime.The criminal law expressly stipulates that a certain amount as a constituent element of a crime is an amount of offense,and the amount is a quantitative indicator,which is a “plot” factor and reflects the social harm of its behavior.It can be divided into the results of the amount of crime and the amount of the offense committed,as well as the amount of the basic amount of offense committed with the aggravation.Part two deals with the controversy over whether or not the attempt in crime of amount has been admitted.The amount of committing an offence was found to be existed,and the relevant judicial interpretations have also confirmed that the amount of attempted guilt does not only exist but also has a wide range.The existence of a certain amount of guilty of committing an offence will not only prevent it from being ignored,but will also be conducive to the realization of criminal law to prevent crime and educate the public.Part three: taking the crime of theft as an example,the issue of the determination and punishment of the amount of attempted crimes is analyzed.If an actor only targets a large amount of property and eventually fails to obtain it,he or she usually considers that his behavior is “significantly less serious” and is not treated as a crime.However,if the actor considers the case to be serious,It should belong to the "other serious circumstances".While considering the element of amount,we must not ignore other important circumstances.From the perspective of substantive justice,we must combine the specific circumstances of the crime to construct "plot" and "amount".Standards to achieve true reconciliation.At the same time,in the determination of sentencing,it is necessary to take the appropriate grade of sentencing according to the corresponding principle,so as to truly realize the function of the criminal law.