数额犯的罪刑均衡问题研究

发布时间：2018-03-26 00:11

本文选题：数额犯　切入点：犯罪数额　出处：《郑州大学》2017年硕士论文

【摘要】：数额犯在刑法分则条文中所占比重较大,并广泛存在于司法实践中,故数额犯在我国刑事法律体系中占有重要地位。有关数额犯的基本理论,研究成果颇丰,但关于数额犯的罪刑均衡问题的理论研究并不多。随着社会经济的快速发展,数额犯呈现出多样性和复杂性,在定罪和量刑方面存在的不均衡现象也日益凸显,严重影响司法权威和公信力。因此,如何对数额犯科学、准确的定罪与量刑,实现数额犯的罪刑均衡,是我国刑法理论和刑事实务迫切解决的问题。本文首先从数额犯的概念界定入手,通过分析和解读数额犯的特征和法理依据,为研究数额犯的罪刑均衡问题打下理论基础。接着从实践角度出发,运用逻辑分析法、案例分析法等方法,阐述数额犯在定罪量刑方面存在的不均衡现象,进而分析问题产生的根源,探究实现数额犯罪刑均衡应遵循的原则,提出具体措施,希望能引发学界对数额犯的罪刑均衡问题的重视和深入探讨,为实现数额犯的罪刑均衡提供帮助。除绪论外,全文由四大章构成。第一章数额犯与罪刑均衡概述数额犯在我国刑法理论和实践中普遍存在,但对数额犯的概念目前学术界没有同一认识。而对概念的明确是研究问题的前提,故本文首先对数额犯的概念、特征、法理依据等基本问题进行研究,并简要论述罪刑均衡原则的要求,通过分析罪刑均衡在数额犯法律规定中的体现,为下文研究做理论铺垫。第二章数额犯的罪刑均衡现状分析通过案例分析法,揭示司法实践中日益凸显的数额犯的罪刑不均现象,并对该现象造成的的消极影响进行总结。这是本文的重点内容。第三章数额犯的罪刑不均衡的原因分析从立法、司法及其他方面剖析造成数额犯的罪刑不均原因。第四章实现数额犯的罪刑均衡的思考结合《刑法修正案(九)》对贪污、受贿等职务型数额犯的定罪量刑标准的完善及不足之处,论述实现数额犯的罪刑均衡应遵循的原则,提出完善举措。该章节是本文的难点也是亮点。
[Abstract]:The crime of amount occupies a large proportion in the provisions of the special provisions of criminal law and widely exists in judicial practice, so the crime of amount occupies an important position in the criminal law system of our country. However, there are few theoretical studies on the balance of crime and punishment of the amount of crime. With the rapid development of social economy, the crime of the amount of crime presents diversity and complexity, and the imbalance in conviction and sentencing becomes increasingly prominent. The judicial authority and credibility are seriously affected. Therefore, how to make a scientific and accurate conviction and sentencing, and achieve a balance between the crime and punishment of the amount of crime, It is an urgent problem to be solved in criminal law theory and criminal practice of our country. Firstly, this paper begins with the definition of the concept of crime of amount, and analyzes and interprets the characteristics and legal basis of crime of amount. It lays a theoretical foundation for the study of the balance of crime and punishment of the amount of crime. Then, from the perspective of practice, the author expounds the imbalance in the conviction and sentencing of the crime of the amount of crime by using the methods of logic analysis and case analysis, etc. Then it analyzes the root cause of the problem, probes into the principles to be followed in realizing the balance of crime and punishment of the amount of crime, and puts forward some concrete measures, in the hope that the academic circles will attach importance to the balance of crime and punishment of the crime committed by the amount and probe into it in depth. In order to help realize the balance of crime and punishment of amount crime, except the introduction, the full text is composed of four chapters. The first chapter summarizes the amount crime and crime crime balance in the theory and practice of criminal law in our country. However, there is no same understanding of the concept of crime of amount at present in academic circles. The clear definition of the concept is the premise of the study, so this paper first studies the concept, characteristics, legal basis and other basic issues of the crime of amount. And briefly discusses the requirements of the principle of balance between crime and punishment, through the analysis of the balance of crime and punishment in the amount of crime in the legal provisions of the embodiment, for the following research to make a theoretical foundation. It reveals the phenomenon that the amount of crime is uneven in judicial practice, and summarizes the negative influence of the phenomenon. This is the key content of this paper. Chapter three analyzes the causes of the imbalance of crime and punishment in the third chapter from the legislation. Judicial and other aspects analyze the causes of the crime and punishment unevenness caused by the amount of crime. Chapter IV the balance between the crime and the punishment of the crime committed by the amount of crime is considered in combination with the Criminal Law Amendment (9), which deals with corruption, The perfection and deficiency of the conviction and sentencing standard of the crime of taking bribes and other types of duty crime, the principle that should be followed to realize the balance of crime and punishment of the crime of the crime of the crime of the amount of crime, and the measures of perfection are discussed, which is the difficulty and the bright spot of this article.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1

【参考文献】