Research On The Afterwards Act Of Impunity

The Afterwards Act of Impunity means the act after a crime, which is to maintain and utilize the lawless state that the former crime brings about. There are some researches on the afterwards of impunity that originates from Civil Law counties like Germany. The conception of The Afterwards Act of Impunity has not come into one opinion, so it should be clear and definite to improve and perfect criminal theories and solve problems in the judicial practice. This theory is needed to judge the act after a crime commits how many numbers of crimes. This paper compares the conception of The Afterwards Act of Impunity with other theories, puts forward concrete structure of it, analyzes theoretical basis of whys not punish it, demonstrates the specific application of this theory in Chinese criminal law framework.The paper is total of around 30,000 words and divided into five parts:The first part is about the overview of the non-punishment behavior. First, this part describes the definition of German and Japanese scholars. Different scholars’ definitions, which have different characters, could be generally included in the following main points:(1)The no-punishment behavior only exists in state guilty;(2)The behavior is able to fulfill special constitutive elements of crime;(3)subsequent act does not offense more legal interests. Secondly, based on scholars’ definitions of non-punishment behavior, this part refines the essential elements of non-punishment behavior. At last, this part proposes the conception of non-punishment behavior of this article.The second part is focused on the construction of non-punishment behavior. Firstly, the construction of non-punishment behaviors requires behaviors of the actors before and after must be the same. Secondly, the behaviors before and after need fulfill certain conditions. At last, the relationship between two behaviors has some characters. These characters are not only connections of behaviors before and after, but also the core aspects to judge whether they construct The Afterwards Act of Impunity.The third part discusses theoretical basis of impunity. Different counties’ theory of quantity of crime comes into different reasons, but the theory of reasonable expectation and the principle of prohibition repeatable evaluations are widely accepted. This article takes principle of prohibition repeatable evaluations as a reason that why not punish the afterwards act of impunity, as is also the adaptability principle of crime responsibility and penalty. There still existed other reasons, to seek. And this is also the basilic purpose of this part.The fourth part gives opinions of the quantity of crime of The Afterwards act of Impunity. This part mainly analyzes The Afterwards act of Impunity belonging to which kind of a crime in Chinese constitution of crime, at the same time compares it with Absorbing Crime and Implicating Crime. Afterwards act of Impunity is constructed by two crimes, so it can only be legally-prescribed one crime or multiple crimes being punished as one crime. Some scholars think The Afterwards act of Impunity as a subordinate concept of Absorbing Crime, but in fact they are different. The comparison between The Afterwards Act of Impunity and Absorbing Crime, Implicating Crime could make these theories be more accurately applied in judicial practice.The fifth part is on the judgment of The Afterwards Act of Impunity in judicial practice. The Afterwards Act of Impunity could be divided into two types, one type is associated with the general provisions of the criminal law, and the other is associated with the specific provisions of criminal law. The Afterwards Act of Impunity appears about many forms, this part concludes both the standard non-punishment behaviors and behaviors which are often mistaken as it.