Research On The Identification And Sentencing Of The Form Of Attempted Crimes Of Amount

With the high and rapid development of China's economy in recent years,as a special type of crime,the crime of amount has begun to make various connections with many aspects of people's lives,which has also aroused great concern of the society.The crime of amount has its own distinctive characteristics and the legal benefits that it protects,and it occupies a large proportion in the criminal law of our country.It occupies an extremely important position in China's criminal legal system and plays a positive role in regulating the behavior of individual citizens.The establishment of a large number of the crime of amount in the criminal law is not only the protection of the individual and the public interest of the public,but also the maintenance and construction of the order for the market economy.Therefore,the character and influence of the crime of amount should not be ignored.However,due to the fact that the criminal legislation of China is more general and vague about the crime of amount,it is difficult to reach a more unified treatment opinion and method when dealing with cases in which involves the related problems of amount and penalties in fact,which may result in the different issues about some related problems of the crime of amount so that some cases can not achieve the consistent view about punishment and justice of each case in terms of cognition and penalty.This article intends to make a detailed study from the contract fraud,and further explore whether the crime of amount is in the form of attempted crimes,the criteria for the perpetrator's crimes to be accurately identified,and how the penalties should be imposed when the amount is attempted.Regarding the above questions,I would like to put forward my own views and opinions,give some references which can help to the judicial practice.The whole thesis is divided into four parts.The first part includes the basic introduction of the case,as well as the results of the first and second trials,so as to find differences between the different trial results.The second part is to summarize the focus of disputes involved in this case,and summarize the problems and the key points of those problems.The third part is to analyze the legal principles involved in the related issues,further analyze the doctrines and theoretical viewpoints involved in each issue,and present their own views and opinions to find ways or evaluation criteria to solve some corresponding problems.And then,it is based on the theoretical analysis of the aforementioned problems and studies the case and makes conclusions finally.The fourth part points out the deficiencies in the provisions and treatment methods of relevant issues in the legislative and judicial aspects of China,and proposes suggestions by expanding thinking.