Imaginative Jointer Of Offenses

The Imaginative Jointer of Offenseis an importantcrime conception in criminal system theory. Theoutstanding characteristic of the Imaginative Jointer of Offense is thatone behavior by a behavior violates multipleaccusations. This concept of criminal law is created by the countries of continental law system, and is recognized in the criminal legislation and judicial practice in many countries.Although there is no clear stipulation of the Imaginative Jointer of Offense in Chinese criminal law, the form of this crime has been recognizedin some judicial interpretations and criminal law practices. The theory research on the Imaginative Jointer of Offenseis going on, but there are still a lot of controversies on the principle of punishment.In this paper, byanalyzing the theoretical research result of domestic and foreign scholars about the Imaginative Jointer of Offense, the author compares theories about each country on the Imaginative Jointer of Offense synthetically. Moreover, by integrating theories with juridical practices, the author discusses and proves the characteristic(i.e., precondition for the establishment), quantity of crime and the principle on punishment about the Imaginative Jointer of Offense systematic systematically.According to reviewing and analyzing variousviewpoints about the Imaginative Jointer of Offense in the criminal law theory, the author identifies the prerequisite of the Imaginative Jointer of Offense are “one action”, “several results” and “several accusations”. Moreover, the author clarifies the quantity of crime of the Imaginative Jointer of Offense, and obtains that this crime conception should apply the principle of inflicting a heavier punishment for a serious crime based on the theoretical research. That is to say, on the base of punishment observing the most serious crime, the punishment of the Imaginative Jointer of Offenseapplies heavier penalty according to misdemeanor plot. This principle of punishment is in the most consistent withquantity of crime about the Imaginative Jointer of Offense, and has been applied in the judicial practice of China.This is more conducive to the realization of the function of punishment,and obtaining the emotional recognition of fairness and justice from social members.