Research On Objective Extra Factors And Rules About Extent Of Punishment

In China, the concept of crime determines both the nature and the quantity. The criminal law is formations of quantity crimes and plot crimes. Those clauses of criminal law are set by the NPC, the country’s top legislature. In the theory of our country’s penal code, such rules are essential component for crime constitution which affects criminal legislation and criminal justice in all aspects. In our criminal academic circles, many scholars have researched the concept of quantitative factors, and pointed out it, as a production of history, is in connection with the developmental level of legal system. There are many theories about the quantitative factors, but there doesn’t seem to be a general consensus on definitive ones, so it causes confusion in practice. The author suggest that quantitative factors are has its particularity after all, therefore, we need to analyze each particular case one-by-one, find out how to properly explain certain clauses of criminal law. And most of all, consideration must be given to both the criminal theory and the judicial practice.This paper holds that the existence of quantitative factors is an established truth, but what matters is how can we interpreting the criminal law to ensure proper use of certain clauses of criminal law. By studying the concept of quantitative factors and theoretical characteristics of those clauses, and discussing the interpretation methods of certain crimes, we can figure out the meaning of the process of criminal law interpretation. There are many opinions and theories on this subject, for academic concern we will talk about those opinions and theories, and reaching a conclusion which deal with the merits of those theories and the pros and cons about those opinions. Then we will study the specialty of the theory about objective extra factors and rules about extent of punishment, state the adaptability and rationality of using those theories to interpret quantitative factors.Finally, from the perspective of the crime of manufacturing and selling fake and inferior commodities, this article presents a preliminary study on the issue from function and procedures. It helps to draw the conclusion that the combination of the theory about objective extra factors and rules about extent of punishment is an efficient method in analyzing and interpreting certain clauses of criminal law for two reasons. First, the theory of objective extra factors weakened the link between certain objective conditions and criminal subjective components in reasonable, which make it suitable for the original intention of certain clauses and the judicial judicial practices. Second, exclude one-sided opinion, to use the theory of rules about extent of punishment to supplement the study. The judicial interpretations about certain clauses which contain quantitative factors, can be reasonably interpreted, that can form intellectual system about the interpretation methods of quantitative factors, make sure we can using it to reach a justifiable conclusion.