Study On Repeated Crimes

Research on the forms of crime has important theoretical significance and practical value. Recent years, as a form of criminal stereotype, repeated crime has increasingly occurred in the revisions of China’s criminal law, showing a trend of rapid development. Nevertheless, the relevant research is lagged. At present, the domestic scholars have not formed an identical concept of repeated crimes, and seldom made a special study of it; therefore the theory of repeated crimes is lagged.It is necessary to make more research on the repeated crimes, scientifically define the concept and the characteristic in the integration of reference on the basis of the existing theory, accurate locate its position in the crime form theory system, clear the difference with the related crime forms and clarify the relationship between repeated crimes and other crime forms. In practice dimension, our country’s legislation and judicial interpretation of repeated crimes’ judicial cognizance standards are still vague, incongruity and over expansion. Therefore, it is helpful to explain and classify the characteristics of repeated crimes, which is helpful to the quality and classification of related crimes, and thus effectively guide the judicial practice of conviction and sentencing.As a subsystem of the system of criminal stereotype, the research of repeated crimes needs system thinking, and system theory is an effective tool for the evaluation of the criminal legislation and judicial interpretation of criminal legislation and judicial interpretation from the legislative technology. Therefore,system theory can not only make the relevant law theory more clear and precise, but also make the legislation and judicial interpretation of the repeated crime more scientific. Therefore, in this article I will use system theory to analysis on the status of repeated crimes in the system of crime forms and the relationship with other forms of crimes, and in accordance with the system theory to discuss on the improvement of the legislation and the judicial interpretation of repeated crimes.According to the system theory, the article makes a comprehensive study on repeatedcrimes from the criminal law, criminal legislation and criminal justice. Specifically for: the first part mainly summarizes the research situation and the legislation situation of our country’s repeated crimes, analyzes the domestic and foreign theoretical research achievement, and combing the relevant legislation in foreign countries and the evolution of China’s legislation(Introduction). Secondly, the paper defines the concept of repeated crimes and analyzes the types(the second part) and constitution characteristics(the third part), then, focuses on the theoretical dimension to analyze the theoretical basis of repeated crimes from personal danger,responsibility of personality theory and theory of violating legal interests etc.,responses the questions of the subjectivism, severe penalty doctrine and repeatable evaluation principle and discusses the legislation value of our country’s repeated crimes from the China’s criminal policy, the basic standpoint of criminal law and the principles of criminal legislation(the fourth part). Thirdly, the paper uses the theory of forms of crimes to research the theoretical orientation of the repeated crimes, and compares it with continuing crime, continuous crime, gathered offense,circumstances offense and amount crime etc., so as to accurately identify the repeated crimes(the fifth part). Finally, the paper discusses the legislation improvement and judicial determination of the repeated crimes, analyzes the judicial cognizance and punishment of the repeated crimes in detail(the sixth part), and discusses the defects of repeated crimes system according to the holism principle and harmony principle and put forward the suggestions for the legislative improvement and judicial perfection(the seventh part).