On The Judicial Determination Of The Amount Of Property Crimes

The amount of property crime is the value of the property or property interests, which is directed by the criminal law, and expressed in monetary or other measurement units, and is able to reflect the degree of social harmfulness of crime. According to the fifth chapter of the criminal law and the relevant judicial interpretation, the amount of crime is one of the important factors to identify property crimes. As one of the elements of crime, the amount determines the nature of the illegal acts, crime or non crime, felony or misdemeanor, but also determines the the starting point for sentencing, sentencing and finally declaring penalty, occupying a pivotal position in the criminal legislation and judicial practice.The amount of crime is the starting point in the legislation of criminal law. The setting of this amount is influenced by three factors, mainly, the social harmfulness, the social economic development level and the social tolerance. The amount of crime in the judicial process is determined by different factors. One of the most basic elements of the impact is the rechtsgut. With different definitions of the rechtsgut, judicial identification rules of the amount of the crime change correspondingly. There are subtle differences in the rechtsguts of the property crime of obtain and the property crime of crimes, so the two of them are distinct accordingly in the judicial identification rules. The property crime of obtain protects the economic value of the property itself, while the damage type lays special emphasis on the use value. The value of reasonable restitution should be added in the amount of crimeAn understanding of the amount of property crimes belongs to the category of fact cognition error,and can be demonstated by the theory of Legal doctrine.In the judicial practice, it can be objectively evaluated by the parallel evaluation theory of the field of an ordinary person. The amount of the crime must be determined according to the different nature of the joint crime. The simple joint crime takes the total amount of the joint crime as the standard, with the amount of each crime considered in the sentencing, while the amount of complex joint crime prensents according to the position or function of each person in the common crime. In the amount of calculation, we should pay attention to the amount of the same nature. In the case of serial crimes, the subjective factor of the behavior should be emphasized. Repeatedly untreated refers to the non penalty. The amount of administrative penalty should be calculated in the amount of criminal law as well.There are many problems in the current legislation mode of the amount of crime, such as the improper legislative subject, the low level of legal norms, and it shall be carried out by the legislature through the legislative process. We can use the "minimum wage standard" as the reference coefficient, following the example of Russia, the United States and other countries. On the basis of the above, different crime levels can be determined,and the corresponding legal punishment range configured also.