On The Afterwards Act Of Impunity In China

Later not punish behavior theory is not a product of our country traditional criminal law educational world,it is our country from the civil law countries and regions for reference "import".In our country,whether criminal law teaching materials and monographs,are rarely involved in the theory,if any,also to stay on the surface,the deep research in the articles and works much rarer.But,later not punish behavior not only in theory or in criminal justice and its important significance.Based on this reality,in the basis of research achievements for reference to compare the mainland legal system country,divided into five parts,the later not digging the punishment behavior theory,to form a relatively complete theoretical system,contributes an own strength.The first part of the article mainly introduces the western countries and China's criminal law scholars of later not punished behavior concept,and the concept contains the content of the evaluation,put forward the personal opinion,the last of our country do not define the concept of the punishment behavior,the theory foundation for follow-up study.The second part mainly analyzes the legal basis of elaborated later not punish behavior and value function,not punishment is not punishment,from the three legal basis,first,to ban repeated evaluation principles,namely for a crime actor implementation,only a sense of the criminal law.Behavior is an extension of the main behavior in a matter of fact,essentially no infringement of new law benefit,after the behavior is not punishable,legal basis to ban repeated evaluation.Second,the expected possibility said.In the act after the implementation of the main behavior of crime,can not expect the person to carry out follow-up optimum method,and thus the offender after the implementation of maintenance,keep the illegal profit behavior because of the lack of expected possibility is not punishable.Third,the behavior of the crime.From sin afterwards behavior refers to behavior person after the main behavior of committing crimes,heart of regret,in order to make up for the main behavior caused by the law,and through the "sin" of subsequent behavior consciously,eliminate as the main behavior of illegal infringement.At this point,if the offender successfully eliminated the previous quilt is the main behavior of the infringement,so the main behavior should make crime processing,is not punishable.After the behavior of the crime thought and afterwards not punishment thought in essence is consistent,although the situation is completely different,but not punishment to the behavior of not punish afterwards basic consistent with the behavior of the crime thought afterwards.Not only that,after the event to be punished behavior also has the austerity of criminal law,to distinguish between a crime and several crimes,saving judicial resources,improve the working efficiency of the value of the function.The third part of the article introduced the civil law countries of after the event cannot be imposed on the nature of the behavior crime number,and then analysis later not to China's criminal law,and other related crime number theory,the relationship between such as afterwards not punish behavior and absorption of committed relationships,not punished behavior and later in the relationship.Through analysis contrast,later not punish behavior does not belong to absorb,also do not belong to the category of yangzhou&jiangzhou.Afterwards not punish behavior situations,after the main behavior and the behavior of all meet the requirements of crime constitution,thus in the evaluation stage of crime number is set up for sin;But in the penalty phase,because the penalties for the main behavior has to be able to after behavior included,so only to the main behavior can be a crime to punishment.The fourth part of the article mainly elaborated later not punished behavior and punishable behavior boundaries.In the judicial practice,and do not punish behavior logic of opposites is punishable behavior,to distinguish between the two boundaries in a correct way will help in the correct determination of criminal justice,not punishment afterwards.The author first of all,later not punishment behavior and can be sent later behavior characteristics and types are analyzed,and the both in the nature of the subject,behavior,infringement of legal interests are different,distinguish between the two characteristics is the key to define the boundaries.Then,the author set up afterwards not punished behavior in the criminal justice case analyzes,through the case study shows how determined not punish afterwards behavior in the criminal justice.Finally,the analysis of the punishment behavior factors was established after the event special circumstances-in a joint crime later not decide how to punish behavior.The last part of the article,first,discusses how to calculate not punish afterwards in the prosecution and trial of limitation,points out finally,hope will not punish afterwards behavior into the criminal legislation of our country,and put forward related legislative proposals:this will not punish afterwards behavior principle in general provisions of criminal law regulation,then shall be detailed in the specific provisions of regulations.