Abstract:
According to the current provisions of judicial interpretation, amount, frequency and object are the common contents of explanation in the plot elements of plot crimes. There may be a certain degree of misreading in the view of questioning the legitimacy of the amount, frequency and object elements. Among them, amount, frequency and object present different types of explanation in different names of plot crimes. Through sorting out these types of judicial interpretation, it is found that part of the provisions on the amount cannot accurately reflect the social harm of the behavior, and the expressions are inconsistent and excessive modesty. It is also found that some provisions on the frequency are not clear, accurate, and the standard is not clear, and some provisions on the object have unclear grasp of the application of charges and internal logic conflicts. It is suggested that the crime circle should be properly demarcated, as far as possible to achieve clarity and comprehensive evaluation without repeated evaluation.