Legislative Research On The Amount Of Crime

The amount of crime is the type of crime that is classified by the amount of the crime.The amount of crime,that is,the amount directly or indirectly involved in the crime that can be measured by economic value to reflect the degree of social harm of the behavior is the amount of money in the unit of performance.The western legislative model belongs to legislative nature and judicial quantification,while China's legislation has both qualitative and quantitative functions,and the provisions on specific crimes in the criminal law subrules are based on the crime.In this context,whether it is the basic amount of the sin and non-crime boundary,or the aggravating amount of the statutory penalty aggravating condition,its attributes are the constitutional elements of the crime,and have the criminal law function of conviction and sentencing.There are three types of stipulations in the provisions of the criminal law: generalized,specific and side-by-side.However,the amount of crimes is not limited to the above three types clearly stipulated in the provisions of the criminal law,but also includes judicial amount crimes,that is,the judicial organs refine the plot provisions of certain crimes in the criminal law provisions through judicial interpretation,and use the amount of crime as its measurement method.Crime.Amounts have temporal and regional characteristics,general and explanatory characteristics,and object computability and sentencing uniformity characteristics.On the basis of the definition of the basic theoretical issues of the amount of crimes,the author thinks about the amount of legislation,legislative value and legislative improvement.The amount of legislation has its unique value.Amount of offences is a direct manifestation of the principle of clarity,which can achieve the clarity of the principle of clarity and the clear requirements of the penalty.The amount of criminal legislation is a concrete manifestation of the principle of modesty of criminal law,mainly through the reasonable setting of the amount of crime to achieve the requirements of non-criminalization and light punishment.The amount of penalties is an inevitable requirement of the principle of adaptation to crimes and punishments.Through legislation,different crime standards are set for crimes with different crimes.At the same time,a more systematic penal system is formed for the amount of crimes,and a fine penalty linked to the amount of crime is set for the amount of crimes to better achieve the balance of crimes.Regarding the legislative issue of the amount of crimes,the first is the problem of the amount of crimes,which is mainly reflected in the two aspects of the standard of the amount of crimes committed by natural persons and the standard of the amount of crimes.In the standard method of the amount of natural person crimes,because the generalized amount lacks applicability and the judicial interpretation is enacted by the judicial organs,it is precisely because of the diversity of the specific subject that the amount of the provisions is more confusing,and the specificization is not comprehensive.phenomenon.In the legislation,the standard of the amount of unit crimes is missing.Even if there are provisions on the amount of crimes committed by some units in the judicial interpretation,these regulations are in conflict with each other and are more chaotic.Secondly,there are problems in the way in which the amount of crime is stipulated,including the fact that the generalized amount is too abstract and lacks in operation,the specific amount is too rigid,lacks adaptability,and the amount of the parallel type is unclear,which leads to the chaos of judicial organs in judicial practice.Since the generalized,specific and side-by-side amounts are not reasonable,and Western countries have many distinctive provisions for the amount,they can be used for reference in our legislation.For example,the Criminal Code of the Russian Federation is committed against all amounts.The generalized languages such as “large amount”,“large amount” and “large amount” are interpreted accordingly.The US Sentencing Guide carefully classifies the amount of crime,and sets the sentencing level corresponding to the crime level,and the degree of sentencing is set to a small extent.Both of these are relatively mature and appropriate legislative models.Therefore,China can also stipulate the amount of crimes by establishing the level of crime.First of all,in terms of the standard of the amount of crime,it should be clarified that the legislature is the only eligible subject established by the standard of the amount of crime.Only the legislature has the right to legislate for the amount of crime and to stipulate the amount of the crime.Secondly,it should be clarified that the unit crime needs to set a higher amount of the crime than the natural person,and at the same time form a certain multiple relationship with the amount standard of the natural person crime,and the judicial authority determines the unit coefficient according to the actual situation in the judicial practice,and finally determines the unit crime.Amount standard.In the method of stipulation of the amount of crime,a clear level of criminal amount and its setting rules shall be set in the general provisions of the criminal law,and the corresponding level of conviction and the level of sentencing shall be specified for specific crimes in the provisions of the criminal law.When setting the specific value of the amount of crime,it is necessary to set the standard of the criminal amount to be scientific and reasonable to achieve the standardization of criminalization;the setting of the criminal amount standard should take into account the cost of criminal law and the efficiency of criminal law.On this basis,the legislature adopts the method of enacting legislative interpretation,and uses the minimum labor remuneration as a reference to determine the multiplier range,thereby determining the value of the crime amount level.