Research On Imaginative Joinder Of Offenses

The imaginative joinder of offenses is not only an important type of offence but also an a highly controversial issue. In many countries, the criminal theorists conducted in-depth discussion, particularly in the civil law countries like Germany and Japan .In those countries the criminal law scholars engaged in detailed discussion of the imaginative joinder of offenses. Though in China the criminal law is no clearly provision on the imaginative jointer of offenses, but the imaginative joinder of offenses is a common kind of crime pattern in our judicial practice. This thesis based on the analysis of national criminal law provisions on the basis of the imaginative joinder of offenses, combined with our judicial practice, starting from the basic structure of the imaginative jointer of offenses, discussed the nature of crime-number of the imaginative jointer of offenses and the principle of punishment. Full-text is divided into four parts, a total of 33,000words, the content summarized as follows:The first part is about the overview about the imaginative joinder of offenses. First introduced the provisions on the imaginative joinder of offenses in states criminal law, and then summed up the concept of the imaginative joinder of offenses, and analyses the tong said of the definition of imaginative jointer of offenses in brief. Particularly introduced the states criminal law theory in the research of the imaginative joinder of offenses. As the common law countries generally do not recognize the existence of the imaginative joinder of offenses .And thus in this part especially introduced the imaginative joinder of offenses in the civil law countries which is largely associated with a greater significance to China. Through the analysis of states theories, making a preliminary understanding about the position of the criminal justice system which the imaginative jointer of offenses in. Initial understand about the nature of crime-number and the punished principles of the imaginative jointer of offenses, in order to mark a theory bedding for the following to study the problem of the imaginative joinder of offenses .The second part is about the basic structural analysis. In this section focused on the analysis of three parts which exist great controversy and with closely related to the crime-number. Such as behavior elements, sin elements and Charge elements. The imaginative joinder of offenses element in behavior, defines the natural meaning behavior and conduct of criminal law in the behavior element of the imaginative of offenses. "An act" is the general sense of behavior as an criminal evaluation object in fact. While included this act in the system of crime constitute, and mark it as a criminal law's behavior will be focusing on when to determine the number of crime. In the subjective side, the main around the sin elements, and mark a general introduce of three theories: single-sin theories, multi-sin theories and single-sin and multi-sin theories. And explain the resonations of the multi-sin. The analysis of charge elements, make the relationship between the charges and the constitution of crime as an entry point ,after the argument can concluded that the charges and the constitution of crime is one to one. The essential property of imaginative joinder of offenses is an natural act violate several constitution of crime . Therefore, it also confirms the reasonable of the same number imaginative joinder of offenses .The third part analyses the crime-number of the imaginative joinder of offenses. First, introduce the doctrine of crime-number in brief . By comparing the standards of action judging find that constitute of crime standard is reasonable. Based on the analysis of the basic structure of imagination joinder of offenses in the second part, summarized the imaginative joinder of offenses is a substantive offense. Also make an explanation about the problem about"an act"made repeated evaluation.The fourth part is about the principle of punishment of the imaginative joinder of offenses. Made a general introduction on the relevant provisions of punishment imaginative joinder of offenses, and summarize several main principles of punishment, and then made a brief assessment of the various principles of problems. Based on the analysis of crime-number about the imaginative joinder of offenses can conclude that the imaginative joinder of offenses need to Combined Punishment .