Research On The Problems Of The Omitted Crime

The system of criminal offense is a kind of penalty system,which occupies a pivotal position in our criminal law system.The application of the crime in judicial practice is quite extensive,and the case in real life is complicated and changeable.However,due to the lag of the study of the system of neglect,many problems are unknown and the application of the crime and related problems has caused great distress.This paper aims to provide a new perspective application of the problem of the crime to solve the problem on the future.The This paper is divided into five parts:The first part: Definition of the concept of missed crime.This section contains three major questions: the main study of the concept of missed crime,the value of the crime,the principle of the crime of sabotage.For the first question,through the academic debate on the concept of the crime of commentary,the new concept of the crime,that is: the definition of the crime only need to study the time,without the time to find the conditions: It occurs before the verdict of the criminal acts,whenever is found,should be a crime.The main purpose of the exploration of the second question is to further verify that the principle of crime should be carried out in the application of the penalty through the analysis of the value of the crime.For the third question,through the comparison of the number of offenses and the number of crimes and the principle of the new crime,the final conclusion: "Criminal Law" 70 and 71 are a lot of unreasonable problems,which should be deleted,and apply " Criminal Law " 69 to solve the problem related to the crime.The second part: the missed crime in the probation system.This part contains three major questions: Revoke probation if the missed crime is found in the probation period and how to use it again.Revoke probation if the missed crime is found after the probation period.By studying the relevant problems related to the theoretical controversy,I draw my point of view and argument.The conclusion of the above three questions is that the criminals who have been sentenced to probation,have been found a crime of probation in the probation period: the probation of the perpetrators of intentional and negligent crimes and the maximum penalty for more than three years;After the penalty is still in line with the conditions of the perpetrators of probation,then continue to applyprobation;after the expiration of the probation test found that there are other crimes without judgment,it should not revoke the probation.The third part: the crime of commutation in the sentence.This part explores two issues of controversy: the discovery of the crime of commutation of the crime of dismissal and the problem of finding a missed crime after commutation.Through the analysis found that the problem of controversy is mainly on the understanding of the conditions of commutation of the existence of bias.(1)the former crime was sentenced to death,life imprisonment,after the commutation of the sentence and found that the crime has been found in the case of the crime,the crime should be withdrawn;the discovery of the crime should be based on different circumstances to give different treatment,Case.At this point,the crime of punishment and punishment of the object should be determined after the commutation of punishment.(2)the former crime was sentenced to imprisonment,criminal detention,control,after the commutation of the crime and found the situation.At this point,the object of the crime of punishment should be the original sentence of the penalty.The fourth part: the missed crime in the parole system.This section contains two questions: the parole release of the crime during the parole test and the parole of the parole that was found after the expiration of the parole test.It is also possible to revise the parole on the question of the existence of controversy over the two issues in the current academic circles,and draw their own conclusions: it is found that there is a false offense during the parole test.After the expiration of the parole test,it only needs to deal with the crime alone,and can not be released on parole.The fifth part: Other penalties for offenses.Before the crime or missed the crime is a number of crimes and penalties,both the crime of guilt and the crime of new offenses and the different kinds of offenses related to the issue of free punishment.First of all,through the study of the relevant theory,that the former sin or missed the case is a number of crimes,to take the declaration that more convincing.And then in the second section to explore both in the case of both the crime and the crime of concurrent crime,the law does not directly stipulate,but I believe that should be based on the residual penalty(before the crime is not executed)and the new crime should be sentenced The severity of the punishment to determine whether the first crime and the former offenses,or the first off the crime and the crime of the same method is preferable.In the case of the Criminal Law Amendment(9),the provisionson the penalties for criminal detention and term imprisonment are defective and need to be further amended by the law to meet the criteria for the crime and punishment in order to better solve the problem of missed crime.