Exposition For Continuous Criminal Acts

In the China's Penal Code and relevant judicial interpretations , the number of acts of the limits of what is criminal and what is sometimes Non-crime ,But for those convicted, No theoretical basis , Most scholars and Judicial Wokers is simply a crime against the "repeated acts" and behavioral factors associated with the confirmation and exposition. And did not respond to the "repeated acts" Elements of a systematic summary of the patterns of crime and exposition .This paper summarized and listed "repeated acts". Elements of the specific charges on the basis that the concept proposed for Continuous criminal acts. Convicted of this type of crime to provide a theoretical basis .Continuous acts committed is that that constitutes a criminal offense elements of crime in a certain period of time. It is a complex form of crime and compound type of behavior. Constitute elements of crime as a crime covered by the act is not an act against. Instead, two or more acts. Performance of the offense for all and a certain amount a certain quality requirements . Thus achieved a certain amount of quality to meet certain requirements .So did not act with criminal violations of a number of combined Possess the characteristics of a criminal offense .Thus constitute a crime. But "repeated acts" as an aggravating circumstance of discretionary penalty is not within the scope of this paper.As a crime "repeated acts" of each act , only reached the extent of administrative law. Not possess the characteristics of a criminal offense. There are two reasons. First, If the "repeated acts" in an act which constitutes a crime . They will be punished directly which he committed the offense. The remaining acts are only as a discretionary penalty circumstance; second, If each act constitutes a crime. Set up Continuous crime .It is not necessary for Continuous acts committed under this concept."Repeatedly" in each of the identified Continuous acts committed are committed to play a decisive role in the confirmation, But for Repeatedly of "time" defined and identified ,China's Criminal Law and relevant explanations are not clear, Criminal Justice practice also in dispute. Currently, China's Criminal Law put some specific rules about the "time" identified. Aggregate scholars have identified the specific rules . It can be roughly divided into one yuan and plural yuan . Single one of the factors used to determine because of the singular and plural number of the lack of rationality. Determined the number of criminal behavior will lead to chaos , So one yuan theory is flawed; Pluralism stressing that the time,location,the completion of violations etc. as a "time" specific rules ,However, we can not distinguish between a fact and provide clear guidance on many occasions. On the basis points compared with other scholars in conclusion. From time, location, three clear violations of the "time" and the specific elements of the criteria for identifying, Clearly Continuous acts committed of the relevant factors. However, a simple "time" is not fully defined meaning. The writer also limited the value of the "time", such as the Criminal fair value, Humility value, the legitimacy of penalty point in the paper.Some scholars divided the Criminal Law stipulates that all crimes committed into general, the amount committed and circumstances of the campaign, now I would intoduce an concept for Continuous acts committed. In order to highlight the characteristics of continuous acts committed to prove the value and significance of its existence . Author made these concept distinguish between the amount of crime and Committed circumstances and Recidivism and Recidivist . Elements of crimes in the set, also provides for both qualitative requirements and volume is a major characteristic of China's Criminal Law. And Continuous acts committed and the amount crime both belong to this type. Elements are both in the criminal context. With regard to "continuous acts" and "substantial amount" increase in the starting Elements Situation is not the case for acts committed against and the amount . They need the establishment of clear standards of the law. Illegal must not be convicted of the crime. This paper focuses on the amount committed in a row and has committed acts of a competing type of complex regulations and how to identify patterns of crime cases, continuous acts in property crime cases, Without specific criteria (Criminal behavior has not reached or come close to the amount specified).To determine what is criminal and what is the frequency of behavior, fall for acts committed. If the amount and the number of acts of double standards . It is committed for acts committed with the amount of the compound provided.The same standards for quality and quantity of the structure of the offense. Compared with the circumstances for Continuous acts committed by elements provides more clear, specific and better reflect the crime and the statutory requirements, (Official Crime and Punishment ) so when the two competing type of situation arise. First offenders should be identified as a continuous act. Operating standards for acts committed more judicial uncertainty characteristics.Recidivism in the subjective element, punishment, and the time for acts committed with the conditions there was a significant difference; Habitual criminal act committed for the establishment of conditions are markedly different. Included with each successive acts committed illegal acts just to achieve varying degrees. Recidivist offenders and Habitual criminal were included in each of unlawful sexual characteristics. Two consecutive acts were far from committed with the essential features. So for acts committed in this paper with the distinction between the two is only briefly discussed.This article made an exposition only on these aspects of Continuous acts committed . In the future, I will continue to focus on the development of theory, Constantly improve my argument .