Reserach On Several Issues On Crime Of Amount

Our country has taken the amount of crime as the legislative tradition on which convictions and sentencing bases.Since the "1997 criminal law",especially in the area of economic crime,the amount of crime has increased significantly in the criminal law system.The theory of amount crime has also been widely discussed in theory and practice circles.In recent years,most of the researches are confined to the discussion of a few typical amount of crimes,but the basic theory is not formed.Moreover,the articles or judicial interpretations of individual offences have been modified,and the results of the study are not timely.In addition,many studies have not reached a consensus.In view of this,it is necessary to carry out further research on the theoretical issues concerning the amount of crime.Taking the amount of crime as the core,we should make the most up-to-date criminal law combing and argumentation on the basic issues of amount.The full text is divided into four chapters,mainly including the following topics and arguments:The first,the amount of a crime refers to the number of social harmfulness that can be reflected by criminal law or judicial interpretation,including the number of property and the number of people.As a typical quantitative factor in criminal law,the amount of crime conforms to the unification of essential and substantive elements of crime,meets the requirements of social harmfulness theory,restraining punishment and alleviating the coordination of the legal system,and adapts to the current penaltyvalue concept and judicial status in our country.Among them,the amount and quantity are the same in reflecting the degree of social harmfulness,so as to maintain the rigorous and scientific system of criminal law,there is no need to make a strict distinction between the two.About the provisions of the “number of people”and“number of times”,the former often reflect the behavior of the scale or the extent of the harm results,“The Times" emphasizes the offender of personal danger,so the former should be classified as the amount of crime committed category,the latter is not.In addition,the nature of the amount of crime is defined as the elements of constitutive elements,which can help to resolve the differences between the amount of quantitative elements that are independent and provide the theoretical basis for the attempted punishment.Finally,from the perspective of judicial application of the amount,the amount is divided into object amount,object correlation amount and behavior amount.The applicable logic of formation is to investigate whether there is a criminal object or a criminal object.To investigate whether the criminal object can be represented or converted to a specific amount;Finally,according to the criminal law standard,the conviction and sentencing.The second,Based on the theoretical study of the amount of crime,defining the amount of crime refers to the type of crime with a certain amount of crime as an element of the constitution.In order to remind the judiciary to eliminate the concept of “only amount”,it is divided into a pure amount of crime and an impure amount of crime.For the purpose of attempting to facilitate the amount of crime,the amount of basic crime and the amount of aggravating crime are divided into the amount committed and the amount of the result committed.The third,From the analysis of the crime pattern and the penalty Angle of the attempted crime,the rationality of the amount of the crime is explained.From the exception of judicial interpretation and general provisions,analyze the nature of different types of crimes committed,To sum up the principle basis of the attempt of the punishment amount of the crime: only in the amount of the amount of behavior is the offense of the attempted form.The fourth,About affirmation of amount of accomplice.Firstly,the amountshould be divided into two levels: conviction and sentencing.Secondly,to interpret the relationship between the “individual amount”and the amount of accomplice in judicial interpretation;Third,define the identity of common crime and individual crime in the standard of conviction;Finally,it discusses the application of the total amount of crime at the level of conviction and the reasonableness of the participation amount at the level of sentencing.At the same time,it argues that the total amount of crime and the amount of participation are to some extent equivalent equivalent special relations.The fifth,About the total amount of calculation.First,define the nature of“accumulative behavior”,including criminal behavior and illegal behavior;Secondly,the interpretation of “unhandled”means that the behavior of administrative treatment is still due to the particularity of the “number”,but it should be taken into consideration in sentencing.Finally,it is suggested that the provisions on the limitation of prosecution should be followed in the accumulative calculation,such as the criminal law and the administrative punishment law.