On Confirming The Amount Of Property Crime

The determination of the amount of property crime not only has a significant impact on the severity of the sentence,but also on the crime of behavior.However,in China,there is not a unified theoretical system about the determination of the amount and the nature of the property,so we cannot understand the concept of the amount of property crime correctly and scientifically even cannot deal with the difficult puzzles about judicial practice brought by the amount of the determination reasonably.In this paper,the determination of the amount is not based on its standards,but on position in the criminal composition system.It has a great significant for the correct position of the amount of the property offense,whether the crime constitutes a crime,whether the criminal act is punishable by illegality.Based on this,the paper focuses on the controversial issues in the process of determining the amount of property crime,and after grasping the definition of the relevant amount theory in the property crime,puts emphasis on the problem of the nature of the amount,the subjective cognition error and the attempted crime.Moreover,the paper studies the position of the amount element in the property crime,and analyzes the position of the amount in the crime constitutive elements of foreign property offense,and puts forward my own solution to the problems existing in the determination of the amount of property crimes in our country according to the actual situation.This paper is divided into four chapters: The first chapter puts forward the problems in the judicial practice about the amount of property offense in China,and presents the typical problems in the judicial practice,in order to understand the key points of the determination of the amount of the property offense in a clearer way.Through our criminal law on the amount of property offenders legal provisions,highlighting the issue of the core of the amount of determination;Secondly,in the second chapter,it analyzes the opinions of Chinese scholars on the amount of property offenders,this paper probes into the different opinions of Chinese scholars on the position of the amount element in the Constitution of the crime of property offense,and analyzes in detail the different views of the amount cognizance,and deeply studies the nature of the amount elements in the crime Constitution,With a view to making the amount more accurate in terms of conviction and sentencing,with more clarity on the impact and role;The third chapter begins with the provisions on the amount of crime in the foreign Criminal Code.This chapter focuses on the legal provisions of the relevant amounts of foreign criminal law on the Constitution of crime,and analyzes the relevant regulations of foreign countries according to the position of the amount elements in the Constitution of crimes in China.In the last chapter,on the basis of summarizing the first three chapters,the author puts forward the understanding of the amount element in the crime Constitution,and puts forward a solution to the problem of the amount of the property crime in practice,hoping to help the judicial practice.