Thoughts On The Attempted Form Of Amount Crime

Although the amount crime is a special form of crime,it is closely related to the theory of crime in the criminal law of our country,because a series of basic theories about the concept of crime,the nature of crime,the elements of crime and so on in the criminal law are the basis of the theory of the amount crime,and the theory of the amount crime is a special part of the theory of crime.In our country,there are many disputes among scholars who study the amount crime,and most of them focus on its basic theory(concept,nature,classification and existence)and the form of attempt.Therefore,the author mainly elaborates on its basic theory and attempted form in this paper.Firstly,it elaborates on its quantity problem and quantity nature.The author believes that the "amount" of the crime of amount is not only the definite and general number of convictions and sentences,but also the number of acts stipulated in the criminal law.In terms of its nature,it is the basis for conviction and promotion of legal punishment.Secondly,in the part of the concept of the crime of amount,we mainly discuss its concept and classification.In the definition of the crime of amount,the author believes that the crime of amount refers to a form of crime that should be punished by penalty when the amount or quantity of the illegal act or result and the number of acts of the perpetrator reach the criminal law.On the classification of crime of amount,because our criminal law scholars analyze it from different angles,there are different classification methods in theory.In this paper,the author considers the legislative provisions,the subject of crime,the nature of crime,the form of crime,the way of legislation and the elements of crime,and makes six kinds of classification.Thirdly,on the question of whether the attempted form of the crime of amount exists or not,the author uses the research results of scholars for a long time and makes a inductive exposition through his own understanding,and discusses the existence of the attempted form of the crime of amount on the basis of law and practice.Finally,the author summarizes the deficiencies of the attempted form of the amount crime at the legislative and judicial levels and puts forward his own improvement measures from these two aspects.