The Research Of Circumstances After Crime

Academic circles in China discusses about circumstances after a crime a lot, but not allused in one sense. As this paper will generally, circumstances after a crime as a separateconcept extraction research works can be counted on one’s fingers. On after circumstancesafter a crime of this group of rich group of insufficient attention and the judicial application isalso not enough attention, as a result of it leads to identify, mix, apply strong randomicity,punishment degree of chaos.This article through to circumstances after a crime of the concept,characteristics, type, function of analysis,finds its recognition basis, reveals the role, fromtypical circumstances after a crime, to find suitable for circumstances after a crime of theapplicable principles and rules, in order to deepen the theory and practice of benefit.Thisarticle is divided into four parts, about thirty-three thousand words.The first part is summarized. from the concept,characteristic,type,function of fourangles.Firstly, the concept of circumstances after a crime, the author through several relevantmonograph of the review of concept and analysis of the elements of concept,come aconclusion that "circumstances after a crime, is the sum of which occurred after thecompletion of a crime and before criminal responsibility determining,based on the individualoffender will be made, and is possible to characterize dangerousness or social harm, with thesubjective effects of the crime and the behavior of the function and the referee raised with theobjective facts", and circumstances after a crime with similar concepts, such as the plot tocommit the plot of circumstances of crime, aggravated criminal plot, were AggregatedConsequential plot, plot outside the case, behavior after the fact.Secondly,the characteristic ofcircumstances after a crime.We think circumstances after a crime have the characters of threeaspects-existence in space and time, the influence of the function and the identification onthe basis of diversity.third, the types of circumstances after a crime.According to differentstandards, the circumstances can be divided into legal circumstances and sentencecircumstances, the breath circumstances and the strict circumstances,the same circumstancesand contrary circumstances as well as other categories.The second part is the Basis for identifying value and the role of circumstances after acrime.This section discusses two problems. The first question is to identify the value of thebasis of circumstances after a crime. Author believe that there are two aspects based on---on one hand is directly represent the personal risk and indirect characterization of socialharmfulness, on the other hand is behavior person to cooperate with the law.Between themthere presents a kind of relationship of complementing and explaining each other, commoncharacterization of the value basis of crime plot was extracted and applied.The secondproblem is the role positioning of circumstances.By different academic point of view ofcross-examination, micro and macro legal analysis of law, it is concluded that circumstancesafter a crime belongs to the theory of sentencing of criminal law, is one of the punishmentdegree of adjustment factors.The third part discusses some typical cognizance of circumstances after crimes from theangle of law theory and judicial practice.Restorable also called reparative plot, it is to point towill restore to its original condition and state of things.The author thinks that the behavior ofrestorable can’t be with the original behavior as a whole evaluation, and in that also with thetimeliness of the actor’s subjective state of mind and behavior.Back after gifts and range are incustody after an offender to detract from the crime caused by the behavior of real harm,first,we should pay attention to distinguish between different situation when apply the size ofthe comprehensive analysis of the offender personal danger, second, we must grasp thedirection of the incomplete when sentencing biphasic, by the way of incidental civil action toclaim the part did not return.Compensate for the losses involved to redeem the sensitive topicof money, with caution, proper reasoning, combined with the legislative and judicial level ofcoordinated cooperation, jointly explore to sorting out specific rules of damage compensation.Aid for criminal violations of the personal right, the victim can obviously reduce the realharm of crime, avoid more serious consequences, so no matter in personal and social harm orrisk and legal cooperation attitude, is with justification. Threat to the victim or the threat ofretaliation for the witness shall be given heavier plot are one-way, to achieve "quantity, degree,quality " and the three dimensions, and at the time of sentencing attention shall be givenheavier punishment and can’t use it as a separate reason, but can be used as an evaluationfactor the harm of the crime.The fourth part puts forward the applicable principles and rules of circumstances after acrime.The application of the principles, the author thinks that crime after the plot shouldinsist on the principle of proportionality, responsibility principle of punishment limit specialprevention and legitimacy. Rules, the author divides a single sin after the application of theplot and plot after a number of crimes for two points is discussed---after a single sin after sentencing applicable rules of the plot into sin from light plot, reduce crime plot and exemptfrom after the circumstances of three kinds of rules; after a number of crimes coexistapplicable rules of the plot into synthetic after the plot and plot to sin after two kinds ofrules.Finally, the author combined the sentencing guidelines, it is concluded that a currentafter the circumstances of sentencing system suitable for the applicable rules, in order to helpto the judicial practice.