Discussion On The Principle Of Prohibition Repeatable Evaluation

The principle of prohibition repeatable evaluation, which closely links to Behavior Theory and crime number theory the most complex in the criminal law theory, in the Criminal Code is a very important principle, but there is not very much discussion in the criminal law theory. Starting from the original concept of evaluation, one evaluation is for one thing evaluated by one standard; "repeatable evaluation" refers to apply the same standards to the same thing twice. Using two different standards to evaluate one thing is not repeatable evaluation; in the same way, using one standard to evaluate two things also is not repeatable evaluation. From concepts of the evaluation of the object and the object of evaluation, this paper defines the content of principle of the prohibition of repeatable evaluation and gives out of its function.This paper can be divided into following parts:Partâ… introduce the origin of the principle of prohibition repeatable evaluation in Roman law and modern law and its theoretical basis such as the justice of the law, the principle of proportionality, and the principle of trust protection, the principle of the balance of crime.Partâ…¡first of all propose the analyzing paradigm of the principle of prohibition repeatable evaluation, that is, only starting from those two concepts the evaluation of the object - the same thing - and the object of evaluation of that the principle of prohibition repeatable evaluation can be precisely defined, then basing on these two analyzing paradigms the paper analyze the presentative viewpoints about the principle of prohibition repeatable evaluation. Lastly give out my definition of the principle of prohibition repeatable evaluation.Partâ…¢discuss the function of the principle of prohibition repeatable evaluation. Apart from theory on quantity of crimes, the principle of prohibition repeatable evaluation can be used in three sections. That is including evaluation, cross evaluation, repeating application of the conviction and sentencing elements. On the basis of these, this paper gives out of the point that absorbable offense and no punishable pre-and-post behavior are types of overlap of articles of law, which should convict of one crime and take one punishment. imaginative joiner of offenses, implicated offender and successive offenses are application of cross evaluation, which should convict of several crimes and condemn it as heavy sentence for a serious crime.