Study On The Accumulative Amount Of Crime

This article first briefly introduces the case of the fraud case of Tang and others,and then analyzes the controversial focus of this case,leading to the problem of the cumulative amount of the amount committed.This article mainly discusses the legal basis of the accumulation of amounts,analyzes the property attributes of the amount of crime,and draws the conclusion that the continuous behavior theory is the legal basis of the accumulation of amounts.Finally,it proposes the conditions that need attention in the specific application of the accumulation of amounts.At the end of this article,we evaluate the controversial focus of this case and draw a conclusion.Thoughts after the case explored the theoretical issues related to the accumulation of other amounts in this case.The full text is divided into six parts.Part Ⅰ: Introduction.This part mainly introduces the current academic debates on the existence of quantitative crime,including the definition of quantitative crime,the classification of quantitative crime,the problem of attempted and attempted quantitative crime,and leads to the current situation that academic circles pay less attention to the problem of cumulative amount.Part Ⅱ: The cause and introduction of the case.This part mainly introduces the case.Tang and some others have committed frauds with others.Some of the frauds have reached the amount of crime,and some of them have not reached the amount of crime.Part Ⅲ: Disagreement and focus of the dispute.This part mainly narrates the divergent opinions around the focus of disputes and their reasons.The controversial focus of this case is: 1.What is the amount offense? How to understand the amount of the crime? 2.Should the amount committed be accumulated? 3.How should the amount committed be accumulated? There are mainly four divergent opinions around the focus of the dispute.Part Ⅳ: Related legal analysis.This part mainly discusses the relevant theoretical background and research status of the amount crime,and focuses on the legal basis of the amount accumulation.The amount of crime has property attributes and is divisible.The attribute of property is represented in the amount of crime as the amount of money or property denominated in RMB,and the distinctive feature of money or property is that it can be unified to be denominated in RMB,which provides the basis for the accumulation of the amount.The continuous behavior theory is the legal basis for the accumulation of amounts,and the continuity is the basis for the criminal law evaluation of multiple behaviors as a whole.The accumulation of the amount should meet the subjective and objective conditions.The subjective condition refers to the actor’s subjective intention of generalization.The objective condition is that the multiple acts of the accumulation of the index amount must satisfy two or more acts,without punishment,and a certain period of time.Part Ⅴ: Judgment of disputed cases.The above theory is used to judge the controversial focus of the case of Tang repeatedly committing fraud and criminal acts.Part Ⅵ: Thoughts after the case.This section briefly discusses thinking about the amount of attempted and attempted offense.