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On "Repeated Acts In Criminal Law"

Posted on:2017-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y D NingFull Text:PDF
GTID:2296330491950711Subject:Law
Abstract/Summary:PDF Full Text Request
In the judicial practice,there is often happens the perpetrator repeatedly implement the same kind of criminal acts,not only resulting the people’s life and property security in the threats, but also wasting the judicial resources to a certain extent. In view of this situation,Our criminal legislation had devoted them to the special provisions of charges,the theorists calls it as "repetitious acts".In view of the vast majority of countries in the world are not in the criminal code of "repetitious acts", it can be said that "repetitious acts" are a comparative legal provisions with Chinese characteristics. However, for what is the "repetitious acts", how to define the "repetitious acts", Chinese legislators did not elaborate on it. The theories field have not paid enough attention to "repetitious acts",which has caused the blank of the theories of "repetitious acts"to a certain extent.The article is divided into five parts. The first part introduced the legislative history of "repetitious acts",which divided into two parts:domestic and foreign, by brief introduction of "repetitious acts"of foreign legislation,we can deep the "repetitious"understanding.of our legislative history.The second part is the theory of the classification of "repetitious acts", according to the different function in constitution of the crime, it can be divided for the basic crime constitution, aggravated constitution of crime and the cumulative amount of punishment carrier three types.The third part carries on the main factors of "repetitious acts", and the characteristics of "repetitious acts" are summarized. In the fourth part, it discusses the rationality of "repetitious acts", and argument its rationality and deficiency of our country.The fifth part has put forward the related suggestion to some problems,which existent in legislative and judicial practice...
Keywords/Search Tags:"repetitious acts", legislative classification, Rationality convicted standards
PDF Full Text Request
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