Research On The Conviction And Sentencing Of The Amount Crime

The "closed legislation mode" in the legal dimension and the "economic growth and inflation" in the social dimension make the legislature and the judiciary lag far behind the level of social development in revising the sentencing standards for the number of crimes,as a result,the standard of conviction and sentencing of amount crime is difficult to accurately measure the degree of crime,and the function of law is maladjusted in the process of operation,which is out of touch with the actual situation of society.Based on the two objective facts of economic growth and inflation,this paper analyzes the penal consequences caused by this objective fact,which not only expands the criminal circle and the scope of punishment in Criminal Law,but also leads to the imbalance of crimes,make the criminal act "invisible" heavy punishment.Therefore,this article from the clarity of the criminal law norms,appropriate,the concept of justice and equity and other legal vision,from the development of things,quantitative change and qualitative change dialectical relationship,and other philosophical vision;The necessity of solving the problem of the conviction and sentencing of the amount crime is demonstrated from the three dimensions of the cultural field of vision of the name and reality.The "economic growth and inflation" in the social dimension are uncontrollable human factors,and economic growth and inflation are the driving forces of the normal development of a society.Therefore,we can only solve the problem from the legal dimension of the "closed amount legislation model",and implement the "open amount legislation model",using material conditions such as database,mathematical method,computer technology,etc.,to construct a "dynamic and balanced conviction and sentencing model",which can change from time to time according to "different economic growth rate and inflation rate",in order to make the amount of criminal conviction sentencing standards can closely follow the level of social development,accurate measurement of the degree of criminal misconduct.