Research On The Aggregate Offence

This dissertation is about the basic theory of aggregate offence. The dissertation thoroughly discusses the following questions about the aggregate offence:the concept, the characteristics of the constitution,the types of the aggregate offence, the relationship between the aggregate offence and adjacent offences. This paper makes full use of these basic theories and deeply analyses Chinese aggregate offence legislation in a collection of form and content. At the same time, the dissertation discusses knotty problem in jurisdiction. Finally, makes an advice on perfecting the aggregate offence legislation. The main method used is the comparative method. This paper can be divided into 7 parts, which are composed by the introduction, the conclusion, and 5 chapters, approximately 170,000 words.The aggregate offence is an important theory in Mainland legal system of Germany-Japan, which is the crime shape that means though the criminal implements the homogeneous harm behavior repeatedly that based on the criminal intent tendency, or only implements one time but really has intention of implementing repeatedly, these many a behavior or a behavior stipulated by Criminal legislation as one crime.The theoretical basis on the aggregate offence in Germany-Japan is the responsibility of Personality Theory and in China is Personal Dangerousness Theory. The aggregate offence should be located in the crime theory of numbers. Only in this way, a full description of the composition of the characteristics and the legal basis can be attained and more than that, which is conducive to practical use. In our criminal law theory, the aggregate offence should be located in the legal crime of one that refers to several harmful acts only constituting one crime under the penal code.The objective characteristics of the aggregate offence are repeated acts of the same basic elements in possibility and reality. Neither requiring each independent act can constitute a crime, nor require each aggregate offence is constituted by many times guilty of acts. Many homogeneous harm behaviors are stipulated in the same crime constitution itself indicates that this kind of crime has possibility which implements many times. Even if implemented many times, also constitutes the set to commit a crime. This is the inevitable conclusion that takes the aggregate offence as the legislative phenomenon.The form of the intent is criminal intent tendency to repeated harmful acts. From the beginning to the end, the criminal intent tendency runs through each of the individual intent and always plays a role, so that individual harmful acts are linked up to be an integrated crime. The scope of the aggregate offence should be limited to the crime against the ultra-personal benefits as well as the property benefits, in these types of crimes, the cumulative results of acts be able to reflect a comprehensive harm to the benefits. The scope of the aggregate offence should not include the crime against the benefits exclusive to person.The Criminal Code of Germany-Japan provides the aggregate offence with clear features and is conducive to practical use. The aggregate offence in our Criminal Code is mainly manifested as "repeated" acts constitute one crime or plot commit crime. Because there is no such terminology as "habitual" or "career" used in our Criminal Code, those provisions require theoretical analysis to be explained as an aggregate offence.The recidivist, habitual criminal, business commit and professional commit are the traditional types of the aggregate offence. The purpose of aggravating of the recidivist lies in addiction to commit harmful acts. The business commit is the guilty on the purpose of obtaining property through committing repeated acts of the homogeneous harm behavior. The habitual criminal has the criminal intent tendency to repeated harmful acts to seek the property benefit. The professional commit and the habitual criminal have the same constitution characteristic. In our Criminal Code, we should retain the type of the habitual criminal and give up the type of the professional commit.This dissertation investigates the two legislative performance of the aggregate offence in Chinese Criminal Code, that is, "repeated" acts constitute one crime as well as the plot commit crime. The common feature of the both legislative performances is that repeated acts of the homogeneous harm behavior in possibility and reality only constitute one offense in Chinese Criminal Code. In Chinese Criminal Code, such legislation exists extensively in crimes of undermining the order of socialist market economy, crimes of encroaching on property and the crimes of disrupting the order of social administration; a few of them exist in the crimes of infringing upon the rights of the person, crimes of endangering public security and the crimes of endangering national security. Basing on the provisions of Chinese criminal legislation, this dissertation deeply analyzes the special provisions of the aggregate offence.The successive offence, continuing offence, following offence, plural crimes of the homogeneous have similar characteristics in constitution with the aggregate offence. The successive offence is a crime by judge which composed by several space and time densely related acts, which dominated by a general criminal intent. The following offence is pure one crime originally, only because the offender split the criminal act into several space and time densely related movements in order to facilitate the implementation of the crime. The continuing offence is pure one crime originally with a continuous implementation of one criminal act. The plural crimes of the homogeneous have several criminal facts that suffice one constitution of crime several times. The performance of the aggregate offence is that repeated acts of the homogeneous harm behavior in possibility and reality only stipulated by criminal legislation as one crime. The legal theory of the successive offence lies in that several crimes controlled by a general criminal intent, therefore, reducing the responsibility for an offense as a whole and the application of lesser penalties. The legal theory of the following offence, continuing offence and the plural crimes of the homogeneous are basic theory of the constitution of crime. Therefore, there are difference in the legal theory and the characteristics in constitution among them.There is no general provision of penalties to the aggregate offence, only applies to the corresponding legal punishment. To certain aggregate offences, it is applicable to basic legal punishment if multiple harmful acts only tallying the basic constitution of the crime. For most aggregate offences, the repeated actions are consistent with the aggravation crime constitution of specific crime, which are the basis for the application of heavier penalty. On the question of the accomplished offense shape or attempted shape, for some recidivist or habitual criminal which has the aggravation crime constitution only has the question of constituting a provision or not, but has no question of the accomplished offense shape or attempted shape. The business offender and the professional commit of cumulative calculation of the amount have the accomplished offense shape or attempted shape.In Chinese Criminal Law, the calculation of the limitation should be based on the statute of Article 89 paragraph 1, calculating from the date of the end of the repeated acts. On the question of omission of the offense, if the omission is a felony, should institute trial monitor program; if the omitted facts are generally illegal activities or the light delinquent account, which is not big to the ruling influence, so need not to initiate the trial monitor program. On the problem of the inherits of the common principal offender and the helps the commit offender, the criminal’s characteristics as recidivist or habitual criminal as well as whether the single act can constitute a crime or not, these separate factors should be considered all and make a specific analysis.More than the theory, this dissertation suggested some legislative proposals to the aggregate offence. There should be general rule in Criminal Code of accumulation amount punishment and the legal effect of the acts which had been punished. The time frame should have uniform provisions and must not be with the case. At the same time, the effect of criminal record of the identical charge of the aggregate offence should be considered.