A Study On The Sinicization Of The Theory Of The Afterwards Act Of Impunity

The afterwards act of impunity is the research category of crime number theory,to fully grasp the pattern of crime number theory is the basis of correct study on the afterwards act of impunity.Germany and Japan and China's Taiwan region research perspective on the number of crimes are different,it solves the problem with the number of crimes in the judicial practice from the perspective of Co-opetition in German Criminal Law;though it is to explain several problems of the crime number from the theory on quantity of crimes in Japan and Taiwan area,there is the distinction between specific crimes and different.In the German area of criminal law theory,the afterwards act of impunity can be found in the absorption relationship under the concurrence of law articles;The Japanese criminal law circles classify it as a specific type of "one including crime";The criminal law scholars in Taiwan area are more inclined to explain the non punitive behavior in the light of "absorbing crime".However,the research on the theory of the crime number form has strong local characteristics and traditional background.The introduction of the theory of non-punishment after the event will lead to confusion in theory and even conflict with the existing theories,but on the other hand,the input of the theory of non punishment behavior is helpful to enrich and perfect the theory of the number of crimes in our country,as well as to explain the problems encountered in the judicial practice.the Afterwards act of impunity the perpetrator do the acst of conforming to the constitutive requirements for the purpose of ensuring,using or disposing of the consequences of the principal crime after the completion of the principal crime,which is no more punished because of a general criminal intent and the close correlation of the behavior before and after.It is not a prerequisite for the subsequent acts of impunishment which does not infringe on the new legal interests or not to expand the scope of the infringement of the interests of the original law.So,the establishment of the Afterwards act of impunity is not based on the state offense,nor is it restricted by new legal interests violated.In our country,from the traditional criminal law theory to the classification of the number of crimes and the of the occasion of the establishment of the Afterwards act of impunity,it is more appropriate to locate the non-punishment behavior in the implicated offense,and then we can sort out freshly the characteristics of non-punishment and the reason of non punishment.In practice,it will lead to a series of the thoretical problems when the theory of non-punishment after the event intertwines with the theory of limitation of action,discontinuing offense,state offense and accomplice.The behavior of the perpetrator after the implementation of theft is not all belong to the non punishment behavior,the perpetrator do the implementation of the buried,burned bodies just to destroy the evidence,to avoid detection after the act of killing people,it constitutes the afterwards act of impunity.In a word,in the judicial practice,the afterwards act of impunity should be identified based on the standard,combined with other theories,considering the basic principles of criminal law and criminal policy and other related factors,and then there is one reasonable conclusion.