The Study Of Crime Figures In The Criminal Law

Amount as an important basis for the conviction and sentencing of criminal behavior, role in our criminal legislation is very prominent, it is not only the basic structure set up to determine whether a crime, but whether the sentence imposed and the severity of the fundamentals, but as our criminal legislative, and judicial theory in a prominent issue, constitute our criminal legislation and judicial system is an important "role", accounted for half of the legislative and criminal justice system. In criminal theory, legislative and judicial, which not only has important theoretical and legal value, but also to the fair and impartial application of the law and other legal issues fundamental value, the law applicable fair, equitable and other issues of principle, with important theoretical and practical significance. With the continuous development of China’s market economy, economic crimes increasing, the amount of questions are increasingly being criminal theories further attention, in judicial practice, for the identification and calculation of the amount of crime, the Supreme Court specifically judicial interpretation.Under this trend, many scholars at home and abroad for a given amount of crime type study published numerous academic monographs, including theft, robbery, fraud, embezzlement, bribery, and other types of intellectual property infringement, however, with respect to the criminal law as a whole the amount specified in the problem, the problem itself the connotation of its inherent characteristics and detailed classification of the theoretically less analysis. Therefore, this specification to the current legislation and judicial interpretation as a basis for related combing and summarized and compared to analyze the amount of problems in the role of criminal law in the conviction and sentencing patterns by domestic legislation, the amount of problems for the integration of theory point of view, found the amount of problems in the judiciary defects, make relevant improvement suggestions for handling such cases judicial practice as a reference. Based on this, the idea of a study as follows:In this paper, the overall architecture is divided into four parts:Part I:basic overview of the amount of crime. This section subtotals from multiple angles, summarized integration, the amount of the first questions to deepen the understanding of the legislative overview for horizontal and vertical understanding of the value and significance of the problem are summarized in the amount of criminal law. Then, the part will be the amount of crime as a whole, its classification from multiple perspectives, deepen their knowledge and understanding, to analyze its essential characteristics, summed function and role of the amount of crime in criminal law.Part II:The specification discloses the amount of crime. The significance of this part of the study is that the number of judicial interpretation in the form of blanks to be filled norms, fuzzy specification to be clear. By analyzing the distribution of specific criminal law in terms of the amount of the specific offense, to find out the amount of problems that exist in the law of criminal law, set forth the amount of the problem itself to the role of criminal law and legal theory basic issues in the law of value from. Meanwhile, the amount of crime analysis on the relationship between conviction and sentencing, as a decisive factor in the amount of conviction and sentencing, intuitive quantify the degree of social harm to the act itself, but the conviction and sentencing of rules and methods, along with economic development, civilization progress and social development, and constantly adjust the amount of issues continue to turn promote more rational, more rules, more scientific direction of the sound.Part III:Status of the amount of crime investigation. The amount of crime in some key analyzes the status quo. and thus depth understanding of the importance of the amount of crime in our criminal law. The amount of crime under the conviction and sentencing to play an important role in China’s criminal law doctrine did not get the concept of the responsibility to implement the circumstances, regardless of the amount of crime in the perspective of conviction or sentencing perspective, they can not reflect the severity of the offense when the penalty issue. With empirical methods for the study of our system and its operation, the analysis of the operation of the provisions of the legislative and judicial issues, help to identify the amount of crime problems, find solutions to our problems on this basis.Part Ⅳ:perfect amount of crime in the path of thinking. Crime quantitative factors exist in the necessity and rationality of our legal system, discard the theory does not talk, if the crime was established mining "legislative qualitative and quantitative justice" model, will touch every aspect of our legal system, from criminal law to administrative law, from the substantive law to procedural law, this " affect the situation changed the whole picture," the reform program is not feasible. The second option would lead to legal capricious, undermine the stability of the law, nor desirable. Really worth considering is the third option. Dynamic proportional manner, consistent with timely and regional requirements set by the amount of crime, but also to make the public aware and intuitive social harm specific crime. In an increasingly sound and comprehensive statistics, network popularization, information accessible today, this approach also has considerable maneuverability. When the pressure of the judicial proceedings can not cope with the reality of the amount is too low or too high due to be adjusted dynamically proportional manner, compared to a direct increase or decrease the amount of concrete and easier for the public to understand and accept. Of course, this program is also criminal legislation and judicial interpretation of large-scale clean-up and modification, however, although such changes may be "beating", but the "root causes" of the optimal choice. In view of this, the amount of that part of the problem in a comprehensive analysis of a wide range of legislative and judicial, and comparing the amount of domestic and international issues regulations, which identify and summarize the problems and shortcomings to be solved, after weighing, put forward a sound proposal.