Research On The Flaws In The Judicial Interpretation Of The "Amount Clause" In The Crime Of Undermining The Order Of Financial Management

In criminal law legislation and criminal law interpretation,amount is a term that appears frequently.It occupies a place in our country’s criminal law system and plays an indispensable role.The conviction and sentencing of most crimes in the crime of disrupting the financial management order are related to the amount,and my country adopts the model of "legislative generalization and judicial clarification" for the regulation of the amount,so the specific amount standard is formulated by judicial interpretation.As a result,the judicial interpretation of this type of "amount clause" will directly affect the composition and severity of many specific crimes.Therefore,this paper focuses on all judicial interpretations that stipulate the "amount clause" in the crime of disrupting the financial management order,and points out and analyzes the flaws in the amount interpretation by means of comparison and literature research.The first part is the introduction,which chiefly expounds the background of the study,the importance of amount interpretation in connecting the law and the case,and proposes the corresponding research purpose.The second chapter is the research basis of judicial interpretation of "amount clause" in the crime of disrupting financial management order.First of all,by defining the "amount","judicial interpretation" and "defect" in the title,the specific scope of this study can be determined,and the specific crimes to be studied,the judicial interpretations involved and the criteria for identifying defects can be specified.Secondly,it sorts out the judicial interpretations involved.In the currently valid amount interpretations,different amount interpretations are classified from different angles,and from the perspective of changes in judicial interpretation adjustments,several directions of judicial interpretation changes are summarized.The third chapter is the analysis of flaws in judicial interpretation of "amount clause" in the crime of disrupting financial management order.There are four types of defects: first,there is an expanded interpretation.The interpretation of the "amount clause" stipulates the administrative preconditions in the case of insufficient amount,which is suspected of being interpreted by analogy;second,There are interpretations that violate reasonableness.On the one hand,two calculation methods are set up,which distinguish the amount calculated by the single transaction and the cumulative amount.This distinction will lead to some behaviors not being evaluated,and the settings do not make the behaviors represented by the two calculation methods equally harmful.On the other hand,social volatility has a great impact on the interpretation of amounts,and the current adjustment method of the amount of criminal law interpretation has the problem of improper connection;third,there are interpretations that go against the system.On the one hand,there are inconsistencies in the interpretation of quantity and amount.Due to the different perspectives of multiple explanations,the classification of some crimes is not uniform.Moreover,the same "amount clause" is explained by quantity and amount,so as to achieve harmonization.On the other hand,in the counterfeit currency crime system,there is a phenomenon that the amount of the crime for the lesser act and the heavier act is the same,which leads to the inconsistency of the harmfulness of the crime and violates the criterion of adapting the crime and penalty.Fourth,there are unclear explanations.On the one hand,the scope and specific connotation of amount and loss have not been clearly distinguished.On the other hand,there is no differential interpretation of the "amount clause" in the crimes that need to distinguish the object properties of the crime,and if it is applied according to the previous interpretation,there is a problem of breaking through the legal principle of crime and punishment.The fourth chapter is the solution of the judicial interpretation flaw of "amount clause" in the crime of disrupting financial management order.Through the analysis of flaws in the third chapter,suggestions are put forward from a pertinent point of view.Emphasize the compliance with the principle of statutory crime and punishment to solve the expansion interpretation,emphasize coordination to solve the problems that violate the system in the interpretation,improve and refine the formulation of rules to solve the problem of unclear and unreasonable amount interpretation,and use the dynamic amount method to solve the problem of improper connection in the adjustment process.question.Generally speaking,we can see the big from the small,and through the research on the judicial interpretation of the crime of disrupting the financial management order,we can help the just interpretation to make the supplies of the criminal law more scientific and operational,so as to follow the original purpose of the legislation and conform to the development of the times,so as to maintain Fairness and justice in criminal law.