Study On The Continual Offence From The Crime Number Theory And Competing Theory

Continuing offense in which criminal law is a controversial concept heavily, while Germany'scriminal law in Japan and other countries have not committed on the relevant provisions in a row, Chinais also Taiwan's criminal law amending the Penal Code in2005, when the repeal will be a continuingoffense in recent years, China's mainland scholars on China.followed for decades in a row made thesystem into question. From this perspective, the system seems to have made continuous in a sticky?This article will attempt to number theory and the competing theory of the crime point of view of thecontinuing offense system analysis and propose solutions.Sin number theory is to investigate a person's behavior what should be the establishment of a crime orseveral crimes, and what standards should distinguish between a crime and the number of crimes, how itshould be a crime and the establishment of several crimes sentence. Sin number theory tend to be moreimportant is the conviction and the conviction and sentencing closely linked, reflecting the concept of aone crime a punishment, Therefore, in order to take into account the effect of the penalty will be acontinuous number acts as a crime to deal with impose a penalty.The competing theory is actually on the basis of the conviction, before considering the effect of thepenalty. For continuous committed in terms of competing on the opinion of each act individually canconstitute a crime, they should make an independent evaluation, constitute several crimes, while thepenalty on the need to consider the purpose of the penalty problem.View of this article: competing on the point of view is more in line with the nature of the conviction andsentencing. Conviction and sentencing is not necessarily logical inevitability. Sentencing has itsindependent value. Number theory of crime is often confused by this. Clear from the perspective ofcompeting on the independent value of the sentencing. Which is the processing of continuous guilty ofthe problem must be.On the basis of the above ideas, this article is divided into four parts:The first part of the continuing offense of continuous committed relationship is a continuous system todetermine the focus of this component is to try to determine the relationship of the continuous analysisof three aspects: subjective, objective and subjective combination of that objective that the judge and thevarious ways to comment on the merits.The second part of this, I will be committed to the continuous struggle for the abolition of the twocamps,"no say" and "affirmed that" to be introduced, then the assessment and to explain their point ofview.The third part is the part of the main competing theory of crime and number theory point of view of thecontinuing offense system analysis and propose solutions.Part IV of this component is to deal with three issues related to continuing offense, not including theconcurrence of the same kinds of crimes, our criminal Law "repeatedly" committed and continuous processing system which involved aging issues.