After The Crime Plot Study

Legal staff is still very misty to the understanding of the circumstances behind crime in the current judicatory the fulfillment; Theoretically, this is also blind area. This text takes the demand of judicial fulfillment as point of departure, with current penal code foundation theories as a prop point ,completely investigate the concept and type, property and function of the circumstances, ground and rule of circumstances applying offering the reasonable and science rule of the circumstances applying. The full text is divided into a four parts cent, about 35,000 words.The first part analyzing the concept and type,property and function of the circumstances. This part include a following contents here: The first, discussing the concept ofcircumstances. This text is from the content and outside of circumstances to carry with comprehensive, get a concept which is "crime since hence the empress takes place of, expel at the criminal offense to constitute various main factor outside, can influence to sentence quantity penal havethefactcircumstanceof penal codemeaning".Thesecond, the type of the circumstances. According to the different standard, the details can is divided into after the offense several category type is as follows: legal offense circumstances and sentence circumstances .The sentence circumstances means the law didn't rule definitely,such as crime after the behavior person recover original shape, help victim,or threaten the revenge witness etc. The details is divided into the breadth circumstances and the strict circumstances. According to same case is a same direction to the offense and the penal influence or mutually the opposite side is a standard, the circumstances is divided into the same circumstances and contrary circumstances .The third, discussing the property and the function of the circumstances. After the offense the property of the circumstances is belonging to quantity penal circumstances in principle,but it can also influence to settle offense sex again under the certain conditions.The second part discussing the ground of the circumstances apply. The first,introduced current theories standpoint,one kind of standpoint thought the details token wear the crime person's human body risk;the other kind of standpoint thought that the details can measures a crime risk personality. This text thinks, should from all-directions, many angle understanding applyingabasisofcircumstancesbehindcrime.Thesecond,the circumstances appliesafterdiscussingoffenseofthreebasises.thefirstgrounddescribingthecircum stancesreflecttheperson'sfaultanditsdegreeofthecrimaloffence.Thesecondground describing circumstances can reflect the behavior subjective fault and its degree after the offense. According to two discussed circumstances behind crime can reflect endangering of criminal offence and its degree. Thebehavior can reflect bane and its degree of criminal offence, for example ,help victim actively. The third ground,the circumstances can reflect person's attitude to law of the criminal offence after the offence,Endly, the circumstances still is subjected to the influence of the tendency of the lawgiver value treating offense and pertaining to crime policy.The third part described applying rule of some typical model offense circumstances . Circumstances contents after the offense complications, the property is diverse, this text can choose some circumstances discussions which have typical model meaning, with expression originally text to offense empress the details apply of the understanding and the standpoint. For example, the behavior person recovers original shape;the behavior person helps victim;reach agreement with victim after committing crime;make up for loss have importance value in invade wealth and economic crime,or the criminal offence person sometimes threaten a victim and revenge witness. The behavior person surrenders to justice ,the possible body current behavior has certain regrets offense, but the more more fundamental behavior person hand over oneself to national judicial organ and would like to accept a law punishment. So the law rules, after committing crime surrender to justice can punish from the breadth. The judicial fulfillment moderates lawmaking a top an opposition meritorious circumstances to think greatly, but neglect the behavior subjective,such as behavior motive or purpose. So, have a significant meritorious although the circumstances has legal of from the breadth punishment function, should also consider behavior a person and have a significant meritorious in it apply of subjective motive, the basic morals requestment.The fourth part cent discussed rule of circumstances behind crime applies keep both. Describe the circumstances in the penal code to apply situation first at this part, the first stage investigates the function of circumstances in offense, the second stage investigation offense preceding circumstances the function of the stanza, the third stage investigation offense after the function of details.secondly. according to crime of property and bane, make sure a basic penal taking no account of from the breadth circumstances, then, concretely analyze each function of circumstances, according to the crime property and the crime fact, can be apart from the time sequence with the far near degree of the criminal offence and circumstances,occurrence as standard according to the circumstances,carry on investigation and evaluate. Synthesize the whole crime fact, finally, carry on a comprehensive evaluation, get is an end influence penalty range variety of conclusion.