Study On The Principle Of Prohibiting Repeatable Evaluation In Criminal Evaluation

The principle of prohibiting repeatable evaluation is one of the principles that must be followed when carrying out criminal law evaluation. Many domestic scholars have recognized its significance and have conducted the discussion. However, they can not reach an agreement with different viewpoints. Besides, there is no complete implementation of this principle in practice. For example, the chief justice session of the First Criminal Trial of The Supreme People's Court think after the favoritism for the bribes that the accused offenders serving sentences commuted, the behavior of parole should be graft, and it proposes the cumulative punishment for imaginative joinder of offenses. So, the cut-in point of this paper is the principle of prohibiting repeatable evaluation. It bases on the deep research of the principle's connotation, then discusses its application, in order to solve the related problems.In chapter 1, the paper investigates the origin and value foundation of the principle of prohibiting repeatable evaluation. It considers that there is a strong correlation between the principle and the justice of law, which embodies the human rights guarantee in criminal law. Based on demonstration, the paper holds the view that the principle of prohibiting repeatable evaluation is the integral part of the principle of legality and an important guarantee for achieving crime equaling penalty principle. In addition, it also consists with the economic development trend of criminal law. The principle of prohibiting repeatable evaluation has such an important value, that it is stipulated in constitution and criminal law of many countries. In China, the principle is, though never enacted, reflected in the relevant provisions.In chapter 2, this article summarizes the existing meanings of the principle of prohibiting repeatable evaluation, and analyzes the controversial points. First, it clarifies that the principle of prohibiting repeatable evaluation is the specific principle in criminal law, the principle does not exclude other departments in criminal behavior on a complete evaluation of the conduct of evaluation after. Second, it emphasizes that the principle of prohibiting repeatable evaluation is both the criminal legislative and judicial principle and the conviction and sentencing principle. Last, the main role of the principle of prohibiting repeatable evaluation is to protect human rights. So the principle only prohibits the repeatable evaluations on the circumstances detrimental to the defendant or suspects. After discussion, the paper thinks that the principle of prohibiting repeatable evaluation refers to the prohibiting many criminal evaluations on the same circumstance of criminal responsibility of aggravated defendant and suspect in criminal legislation and justice.In Chapter 3, the paper discusses the application on the principle of prohibiting repeatable evaluation and investigates into both the conviction and the sentencing. It firstly spreads out exposition on the principle of comprehensive evaluation, which also must be followed in criminal evaluation, before conducting the specific discussion. The human rights guarantee should be set priority when the two principles are in conflict. In the investigation of conviction, the article focuses on the discussion, combining with joinder of offenses. In the study of Imaginative joinder of offenses, the paper clarified further that the criminal evaluation aims at natural behavior. However, there is only one natural meaning for the behavior of imaginative joinder of offenses, who violate more legal interests. So it advocates punishing the felony. In the study of implicated offenders, the article focuses on the behavior of getting illegal interests after beide-taking of the staff in state organs. The paper considers that the "seeking benefits for others" is the objective element in bribery crime, and it covers the behavior of seeking improper benefit for others. So the cumulative punishment should not be conducted. In the overlap of articles of law, it expounds how to apply the articles of law, particularly when there is no regulations in law and it is difficult to balancing the crime in specific legal provisions, the paper asserts the principle of"severe law is superior to gentle law". In the study of successive offenses, the paper thinks it violates the principle of comprehensive evaluation, if conducts one crime punishment, though it does not go against the principle of prohibiting repeatable evaluation. For sentencing, the article also launched the discussion, incorporating the relevant provisions of law.Finally, the paper carries out the discussion on the reasons why not carry out the principle of prohibiting repeatable evaluation. It should improve both in concept and in technology, so as to implement and practice the principle better.