On Straflosen Nachtat

Straflosen Nachtat is an important part within the criminal law theory of the Continental law family.By general understanding,It means those criminal actions which are always committed after the main crime,in order to keep or realize the illeagal interests.Although these offences should be punished if they are respectively observed.However,as they do not make any further harm than the main crime,so their culpability needs to be appraised with the main crime as a whole.Though useful enough,yet the study on this thesis in China is still far from adequate.So that,the purpose and the breakthrough of this aritcle is attempting to integrate the Straflosen Nachtat theory with Chinese criminal law system.In this way,I am in hope of the greater improvement and advancement of Chinese law study.Besides the introduction, The thesis is composed of four parts,altogether more than 20,000 words.Among them the second and third parts are most essential.Chapter one mainly introduces the concept and the characters of the Straflosen Nachtat.Firstly, the author compares two similar concepts on Straflosen Nachtat.After the specific division,the mitbestrafte Nachtat is forsaked, because it blindly broadened the range of the problem.Literally,that concept shoulders many different meanings at the same time,so it is prone to make the problem even more complex.On the other hand, the concept of Straflosen Nachtat sounds more reasonable.Because such actions are not inculpable at all,rather their culpability is decided and affected by the main crime.For a better study,this work chooses the former one as the key word.Secondly,so far as the characters of Straflosen Nachtat,the author argues: being action after the main crime ,culpable when it is observed respectively,having both the same subject and object,and punishied with the main crime are four significant specialties of Straflosen Nachtat.Chapter two introduces some well-known theories on Straflosen Nachtat,which are ordered by their nationalities.Such a constructure is mainly out of the concerning of exploring the reason of its inculpability.Among them there are Konsumption theory,Containing crime theory,Continuous crime theory,as well.Meanwhile,this part also cites some significant theories of China,being theory of absorption of crime,theory of involvement and theory of absorption of actions.The third chapter focuses on the analysis and compare of theories cited above.Firstly,concerning arguments from Germany,the author holds the view that Konsumption theory attaches much importance to the analysis of criminal statutories.Thanks to such a careful examination,it realizes the clarity and enlightenment to further study.However,due to the enormous gap between theories of China and Germany,this conception should not be adopted right now without the thorough reform of traditional law system.Meanwhile ,the other kind of Konsumption centers on the essential harm,which is also worth mentioning.For Containing crime theory,it attaches significance to the guide of criminal judges.Furthermore this argument helps to reduce the likeliness of dual risks from the state.But this theory does not demonstrate the process of judicial decision,which reflects the setback of it.Besides, Continuous crime theory bases its judgement more on the aspect of fact,however,such operation can not fit the Chinese law system ,neither.In the second place,the author analyzes those Chinese theories ,as well.As far as the theory of absorption of crimes is concerned,it still faces many difficulties.For one thing ,it disobeys the general rule of criminal law.For another,it will definitely make the criminal procedure needlessly complex.Turning to the theory of involvement,though it tries to explain the relationship of Straflosen Nachtat by causal relation,it still can not be known as perfect.Because it is far from the priciples such as rigour,reasonableness and self-controlling.The theory of absorption of actions takes Straflosen Nachtat and the main crime as a whole,on the primise of their integrated relation. After that ,the author draws the conclusion.After a careful rethingking,this thesis comes to the final conclusion that the theory of absorption of actions is worth supporting.By comparasion,the idea underlying the theories of the Continental law family attaches much nore importance to the value of human rights,while the theories of China take the punishment against the crimes as priority.All in all,the author agrees that the theory of absorption of actions can best avoid the unwarranted punishiment against the crime,and balance the two values which are demanded by the spirit of the criminal law.In addition,that theory not only reflects the nature of Straflosen Nachtat,fits for the criminal procedure ,but also adapts to the Chinese criminal law system.Finally,in the fourth part,under the guidance from the theory of absorption of actions,the author tries to solve some practical problems about Straflosen Nachtat.Firstly ,on the calculation of the period limit of prosecution,we should use the start of the main crime.Secondly,on those crimes whose procedure can be started solely by the victim,the forgiveness from victims has the power to terminate any prosecution from the state.At last, Straflosen Nachtat shows the dangerous traits of the crime,so it should be deemed as the facts to heavier his/her penalty.Furthermore,the judge has the power to make such sentences directly.