On The Nature And Orientation Of Quantitative Factors In Criminal Law

Quantitative factors,as a degree factor to describe the amount of crime,play an irreplaceable role in conviction and sentencing.China's criminal law lacks systematic provisions on quantitative factors,which leads to disputes in the academic circles about quantitative factors and their specific application.This paper aims to explore the nature of quantitative factors and find the corresponding criminal positioning,so as to find the quantitative factors in the current criminal law Provide suggestions for problems caused by Prime configuration.The first part is an overview of the article.First of all,compare the "qualitative and quantitative legislation" crime mode of our country with the "qualitative legislation and quantitative justice" crime mode of foreign countries,analyze the advantages and disadvantages between them,and analyze and evaluate the crime mode of some foreign countries,so as to provide the basis of comparative law for the following suggestions.Secondly,the author divides it according to the role of quantitative factors in crime evaluation,which is the first innovation of this paper.Specifically divided into: Conviction type quantitative factors and sentencing type quantitative factors.The quantitative factors of conviction type include: the amount of the crime of amount,the circumstances of the crime of plot,the purpose of the crime of purpose,and the consequences of the crime of consequence.Quantitative factors of sentencing type include: participating in the evaluation of the amount,circumstances and results of crime in sentencing.In the second part of the article,the theories of the academic representatives are analyzed,and the irrationality of the relevant theories is refuted to get the point of view of this paper.The author thinks that quantitative factors should be regarded as independent elements of crime,and they should be evaluated separately in the evaluation of crime.The third part of the article is based on the conclusion of the previous part,and further analyzes the position of quantitative factors in crime.Through the analysis of scholars' representative theory,it comes to a conclusion,and puts forward the idea of establishing a "two-level crime constitution system",which is the second innovation of this article.That is to say,under the system of constitutive elements of quality and quantity of crime,the four constitutive elements of existing crime are taken as constitutive elements of quality,while the corresponding quantitative elements are taken as constitutive elements of quantity.They have the same status but are independent of each other,and they are placed under the system of constitutive elements of quality and quantity together,thus forming a "two-level criminal constitutive system".The third part of the article is the reflection and suggestions on the quantitative factors in the allocation of criminal law.Aiming at the problems of unclear boundary between crime and non crime and minor crime punishment caused by unclear quantitative factors,this paper proposes to establish a light crime mechanism to try to solve them.In view of the contradiction between the legislative allocation of quantitative factors and the principle of definiteness,the author organically integrates the fuzziness and definiteness of criminal law,which interact and restrict each other.In view of the overlapping of criminal and other illegal acts,the author puts forward some opinions on the distinction between criminal illegality and general illegality on the basis of determining the unity of law and order.