On the Introduction of “Daily Income-tested Amount Scheme” into the Criminal Patterns of Chinese Criminal Law
In the criminal patterns of Chinese Criminal Law,there are many provisions on monetary amounts of danage in correlation with the gravity of the criminal acts.Currently,there are generally two methologies of determining the monetary amount of damage of an criminal act,i.e.,sepcific and abstract.There is certainty in the specific methodology,but it is overly rigid;while there is stability in the abstract methodology,however,it is overly general and ambiguous.The 'daily income-tested amount' scheme is one whereby the monetray amounts of damage of criminal acts are based on the unit of daily personal income or other monetary amounts,the monetray amounts of damage of criminal acts so determined are certain in the scale and changeable according to the ecnomic development,which may solve the conflict between certainty and stability.