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On Several Crimes In The Criminal Law

Posted on:2017-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:F F NiFull Text:PDF
GTID:2296330485486648Subject:legal
Abstract/Summary:PDF Full Text Request
There are many provisions on "many times" in the criminal law, but the content of reflecting is not the same.The definition of "multiple" directly affects the conviction and sentence of he specific case.Many times the illegal behavior in criminal law is the upper concept of many times to make a crime and several crimes.Many times to make a crime and several crimes is two parallel concept.Several crimes is the aggravating punishment circumstances stipulated in the criminal law which is applicable of upgraded legal punishment;And many times to make a crime in the criminal law is the plot of conviction,which is applicable of the basic punishment of criminal law.The basic problems of several crimes in the theoretical circle exists controversy in the judicial practice, the fuzzy related concepts increase the difficulties to judge in the specific cases, so it is necessary to clear of several crimes and the related issues. "Many times" in the several crimes is a kind of legal fiction provisions in the criminal law, baned on the extension application, it should be only strictly limited in the content of 6 kinds of crimes in the specific provisions of criminal law.Moreover, the establishment of several crimes must conform the double requirements of the quality and quantity,namely behavior person implements the behavior of 3 or more than 3 times, and the single behavior achieves the degree of establishing a crime. "Many times" in the several crimes after the component elements of the crime in the criminal law conforms to the standard of "more", "times", which constitutes several crimes.About several crimes in the whole there is no unfinished form, but there are unfinished forms in the single crime about several crimes. The unfinished form of the single crime in the several crimes only includes attempted crime and crime preparation,not including Crime suspension.Continuous committed several crimes is not the same as continuous crimes, more is not the same as the same kinds of plural crimes.Several crimes is ruled out the combined punishment for several crimes of the same kinds of plural crimes, and continuous crimes is the same kinds of plural crimes which has continuity between the several behaviors. Several crimes is more different from the plot crime, the plot crime is committed into sin in parallel with many times to make a crime, but several crimes is the plot of aggravated crime.It is so necessary to be strictly interpreted on the concrete application in the judicial practice about the several crimes,in order to avoid unfair justice appeared in the exercise of discretion power in the situation.
Keywords/Search Tags:Many times, Several crimes, Plural crimes of a kind, Finished form of several crimes
PDF Full Text Request
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