Research On The Repeated Acts In Criminal Law Of China

As a criminal legislation phenomenon, Repeated Acts has been graduallyincreasing in recent criminal law revisions. In fact, it is not only reflected in theprovisions of the Penal Code, also appeared in the separate criminal law, andappeared with increasing frequency in interpretation for criminal law. In China’scriminal law, there are three legislative roles for Repeated Acts: first, as an elementfor the constitution of a crime; second, as a consideration for upgrading penalties; andthird, as a basis for penalty aggregation. At present, there is a lack of uniform andnormative identification of Repeated Acts in our Penal Code and interpretation ofChina’s criminal law, which is likely to cause differences on the identification andconfusion on the application of law for repeated acts in the judicial practice. And thetheoretical circle of criminal law in China is still lack of detailed and systematicresearch about Repeated Acts, and still there are many differences between differentopinions. Finally the situation prompts me to choose “the Research of Repeated Actsin the Criminal Law of China” as the title, in order to summarize rules and do whatlittle one can for the research. This paper is divided into three parts to discuss theRepeated Acts in the criminal law of our country.Firstly, I will analyze the types of Repeated Acts in the criminal law of ourcountry.In this part, I mainly introduce theories for types of Repeated Acts in ourcountry, as well as demonstrates my analysis of it. From the standard functionperspective, Repeated Acts is divided into three types: Repeated Acts as one of theelements of crime; Repeated Acts as one of conditions for upgrading sentence;Repeated Acts as the carrier for the cumulative punishment.Secondly, I will analyze the construction of Repeated Acts in our criminal law.In the part, I will introduce the view of objective aspect and subjective aspect ofRepeated Acts in the theorists and judicial practice. In objective aspect, there aresome comprehensions for “Repeated” and “Acts”. The understanding of “Repeated”is different in different types of Repeated Acts. According to the specific case, it canbe identified by the method of pluralism and social general idea. In different circumstances, Acts may be illegal acts or criminal acts, and may also be thecompletion of the acts or acts unfinished. The subjective intention of Repeated Acts isdeliberate intention.Finally, the legislation of Repeated Acts is analyzed. There is an obviouslegislative trend. Not only the increasing number of Repeated Acts defined as crimes,and more Repeated Acts to be upgraded conditions for statutory sentence, theprovisions of the carrier for cumulative punishment also showed a trend. There mustbe the rule and meaning of legislation behind the phenomenon. Yet there are sometheoretical defects that need to be solved. We should further standardize and improveRepeated Acts in the theory and judicial practice.This article outlines, summarizes and distills the rules on Repeated Acts inChina’s criminal law for the purpose of finding out the pattern and loopholes inRepeated Acts related legislation. After argument, I think Repeated Acts in thecriminal law of our country considers the actor’s subjective malignancy andpersonality too much, and many times it is strict for the actors during the legislativemode. According to the modesty of criminal law and the principle of suitingpunishment to crime and criminal responsibility, the legislation of Repeated Actsshould not be enlarged unlimitedly and judicial interpretation should also be strict asfar as possible.