Research On The Problem Of The Criminal's Remaining Crime Undiscovered

The Problem on remaining crime undiscovered was a controversial issue. Nowdays, The conception of remaining crime undiscovered still has not been established in our country. There are various views and opinions on the academia and practice. Legal system of our country has not detail stipulation on it. At present, the data indicates that the number of remaining crime undiscovered occupies a considerable proportion in the the prisoners . The problems on remaining crime have a direct effect on safety and stability of the prisons, and we must pay high attention to it. Based on this, by researching on issues related to the problems on remaining crime in this articl,I hope it will pay legislator's attention enough, drive legislatial reformation in Chinese prison system, amend the law of marriage, and enrich related rule . So, there are laws to go by law in prison.This text divides into four chapters altogether.Chapter One: The Actuality and Meaning on the study of the problems on remaining crime :Overview of clauses of the Taiwan's Criminal Laws, current legal system of Our Country, divisional regulations, administrative normative document and dispute of academia. The author holds that it is necessary to unify the problems on remaining crime to perfect legislation and guide practice. The author holds that remaining crime undiscovered is consisted of dissimilar and same remaining crime undiscovered.Chapter Two: The origin of the problems on remaining crime undiscovered.It will be approached this question from subjective and objectivetwo aspects separately. Subjective aspects include three aspects: mentality of dreading punishment for one's crime, lucky mentality, and opposition mentality.. Objective aspects include two aspects: the reasons of handling a case and the accusation and prosecution channel is not smooth.Chapter Three:the harm of the problems on remaining crime undiscovered. It will be approached this question from harm of Penalty Theoretic and Practical Significance. the former consists of the damage to the aim of penalty, the damage to the function of punishment, the damage to necessity principle of punitory, the damage to correspondence principle of punitory, and the damage to betimes principle of punitory.The latter consists of harmness of the prisons' order, increasing of executes costs, damaging victims' interests and harming society.Chapter Four: Methods for the discovery of remaining crime undiscovered, realistic countermeasure and legislative discussion. Methods for the discovery of remaining crime undiscovered are consisted of prison investigation, remaining crime undiscovered Surrender, accusation and disclosure,retrial and transfer. Realistic countermeasure is consisted of system ,work and mass foundations. Legislative discussion is consisted of establishing concept of remaining crime undiscovered, adding related clauses in the criminal law, perfecting Prison Law and prison implementation regulation. perfecting the Criminal Procedure Law , and perfecting Chinese Criminal Judicial Explanation so on.