Research On The Problem Of Judicial Interpretation Disorder Of “Crime Amount Identification”

Judicial interpretation,as one of the official sources of law in China,is an important part of the socialist legal system with Chinese characteristics.It refers to how the highest judicial organs in China interpret laws in the trial of specific cases or during specific procuratorial work so as to apply legal provisions and regulations accurately with general legal effects.In dealing with a specific criminal case,the criminal law theory and the criminal trial have many headaches due to the complexity of the criminal case itself,including what kind of crime is committed by the criminal act,whether a crime or several crimes are committed,whether crimes are committed by an act or several acts,and how to deal with a complicated crime so that the purpose of fighting crime can be realized.In Chinese criminal law theory,corresponding treatment methods are stipulated for imaginative joiner of offence,implicated offence,absorbable offence,repeating offence,and lawful competitions.Judicial interpretation also stipulates the above-mentioned situations.It,however,still has deficiencies in terms of “crime amount identification”.For example,some would select a severe offense to punish imaginative joiner of offence,while others would combine several offenses.Such kind of different treatments also exist for implicated offence and lawful competition.Therefore,this article,taking "crime amount identification" as the starting point,analyzes the causes of interpretation chaos exiting in the current judicial interpretation system of China and attempts to propose corresponding measures to solve the problems.