The Study On The Prosecution Discretion Standard Of Amount Committed

Due to the legislative model of qualitative and quantitative legislation in China,the amount crime is a crime type with Chinese characteristics.With the rapid development of economy,economic crime,property crime,the crime rate is also growing,the amount of crime in China’s criminal law 468 counts for a large proportion,and the criminal judicial practice in the common multiple crime,such as theft,embezzlement,bribery,crime of amount of behavior human behavior plays a role of conviction state or not,but also in the judicial practice plays an inestimable role in sentencing.Because of China’s legal provisions on the crime of amount provisions are mostly "large amount" "huge amount" "extremely huge amount" general word,and with the lag of criminal law,so that the amount violates regulations have different opinions,and can not timely regulate the social new phenomenon.Due to legal gaps to some extent,even if China’s criminal law on the crime of amount for the corresponding specific provisions,but also solve the problem mentioned above;the state has formulated a series of judicial interpretation in order to solve this kind of problems,but the judicial interpretation there are more complicated,there is no clear standard,even the current judicial interpretation there is not a unified standard amount of each judicial interpretation between integration,even contradictory,resulting in a slightly confused system of criminal law.The definition of the definition of the concept of crime of amount depends on the amount of crime legal status in the theory of crime,the legal status of the amount of crime can not be generalized,to specific analysis,most of the amount of crime amount are essential factors constitute the status of criminal law in our country,but in some of the illegal income amount as the premise of crime the amount of crime,which is the objective punishment condition.Based on this,we get the concept of amount offense.The amount offense refers to the criminal form expressly stipulated in the criminal law,which is based on the statutory amount as a constituent element of a crime or the condition for the promotion of a legally prescribed punishment.The standard of prosecution discretion for the amount of offenders with competition and cooperation should respect the typo logical characteristics of behavior,follow the principle of "special law is better than common law",and no longer consider the supplementary application of "heavier law than light law".Even if it is not guilty according to the special law,it can not be convicted in accordance with the general law.A similar amount of committed amount standard discretion prosecution cannot be applied standard accomplished exactly the same,after all,the essence of crime is not,should grasp the bribery crimes in different circumstances and the relationship between the amount of.The difference between the amount of crimes committed by different subjects is only the difference of the subject of crime.No matter from other aspects such as subjective responsibility or social harmfulness,the criterion of prosecution discretion should be unified.