A Study On The Understanding And Determination Of "Plot" In Criminal Law

Theory and practice has always attached importance to the "serious circumstances","bad plot" and other recognition and grasp,but always amblyopia on the "plot" itself,and then lead to "plot" itself brought a lot of understanding and recognition of the Practical difficulties can not be solved.This article focuses on the "plot" itself in the criminal law of our country,tries to provide a solid theoretical basis and practical guiding significance to solve the problems and misunderstandings in the judicial practice,and promote the theory and practice of " Its own attention and research.The full text is divided into four parts:The first part is the basic investigation of the ’plot’ in the criminal law.It is the logical part of the whole text.The concept of "plot" in the criminal law of this paper is defined.There are no unified views on the connotation and denotation of the plot.This article is based on the norms of criminal law in our country,and the "situation" is the situation,the "situation" and the "plot" in the criminal law are the social harm Sex,the personal risk of the perpetrator and other facts of the subjective and objective legal facts of the organic whole."Plot" performance for the plot of the plot,is the macro level of a holistic and comprehensive general situation.On the criminal law "plot" to define the concept of this article,so as to lay the foundation for the following development.The second part is "combing and confirming the problem of ’plot’ in the criminal law." It is the part of the question of the full text,and it focuses on combing the difficulties and misunderstandings in the understanding and recognition of "plot" in judicial practice.Mainly include: such as the "Criminal Law" Article 13 and Article 61 of the "circumstances" identified by the difficult to delineate and the degree of difficulty is difficult to measure due to the "plot" of the general characteristics of the standard so that it is difficult to grasp the difficulties;such as " Criminal " and so ignore the " plot " quantitative role so that the criminal circle delineated the problem;such as the existence of " the greater the amount of crime heavier penalties " and other criminal law " plot " and " plot " elements of the confusion and then lead to the penalty Imbalance,and even nearly four years for a crime "serious" in the 27 judicial interpretation,nearly Bacheng exist in a single physical size independent of the "plot" as the overall severity of the provisions.Behind all the difficulties and misunderstandings,is the criminal law "plot" grasp the problem.The third part is the theoretical basis of the understanding and recognition of the ’plot’ in the criminal law.It is the theoretical basis of the full text.It mainly provides theoretical support for the solution of the "plot" understanding in the criminal law.At the philosophical level,the understanding and recognition of "plot" in criminal law must follow the basic characteristics of the universal connection of dialectical materialism and the basic law of quality change.At the level of criminal law,the understanding and recognition of the "plot" in the criminal law should be in line with the research method of the doctrine of legal doctrine,and emphasize the systematic connection of the total score of the criminal law.In the concept,the basic idea of the criminal law should be carried out,The principle of criminal law should be practiced in principle,and the basis and severity of the "plot" should be taken as the ruler to carry on the lawful and reasonable conviction and sentencing.The fourth part is the part of the understanding and confirmation of the ’plot’ in the criminal law.It is the problem-solving part of the whole text.It mainly deals with the problem of the "plot" understanding,which is based on the theory of philosophy and criminal law Put forward the key point to solve the problem.Mainly include: the amount of crime and so is one of the "plot" elements rather than "plot" itself,in practice must be divided into "plot" and "plot" elements to avoid the confusion caused by the crime of inequality;,The "plot" as the crime of all criminal crimes as a crime threshold,criminal law in all criminal crimes are episodes of crime;in sentencing activities,"plot" severity that can determine the severity of criminal responsibility.