The Study Of The Afterwards Act Of Impunity In Criminal Law

The Afterwards act of impunity is not the product of the traditional criminal theory of our country,which is borrowed from the criminal theory of civil law countries and regions.As to the study of the theory,big dispute exits in foreign countries and Taiwan in our country.The research of the theory of the Afterwards act of impunity is less and shallow,which has a great significance on the questions of quantities of crime,the identification of the Afterwards act of impunity in the judicial practice and dealing of the Afterwards cat of impunity in Joint Crime and various kinds of crimes such as property crime,money laundering crime,etc.Based on the study of the Afterwards act of impunity of civil law countries and regions and our countries,this paper will more comprehensively and deeply discuss the theory of the Afterwards act of impunity.At first,it is the introduction,in which a case is used to lead to the issue argued in this article,the Afterwards Act of Impunity.The contents can be divided into three parts as follows in addition to introduction and conclusion:The first part of this article is an overview of the Afterwards act of impunity,including the concept and characteristics of the Afterwards act of impunity,which is the theoretical premise and logic origin.After introducing and analyzing various academic views about the concept of the Afterwards act of impunity,this writer will summarize and put forward the new definition.And then,the characteristics of the Afterwards act of impunity will be analyzed in detail,including four aspects,the characteristics of the subject,the object,the form and the structure.The second part of the article explores and discusses the nature of the Afterwards act of impunity,including the theoretical basis,the theories of the forms of crime quantity and the definition of the nature.The legal basis includes the Principle of the comprehensive evaluation and the Principle of Prohibition Repetitive Evaluations and i will refute and clarify the opinion of Theory of Probability of anticipation.In terms of the forms of crime quantity of the Afterwards act of impunity,the main explanations offered by the academia include Doctrine of Overlap of Law,Constitutive Requirements Solving,Continuing Offence,Absorbable Offence,Implicated Offence and so on.Each doctrine which has its own point but exists some shortcomings,can't fully explain all Afterwards acts of impunity.By comparing all doctrines at home and abroad,combing with the judgment criteria of legal interests in our criminal law theory and considering the purpose of criminal law to protect legal interests,the theory of one crime in nature will be denied and one crime inpenalty should be promoted.The third part of the paper mainly studies the specific use of the Afterwards act of impunity.Because theory is the foundation,the study of theory is certainly important,but the biggest meaning of theory is to guide practice.At first,it is the research of the general types of the Afterwards act of impunity in specific provisions of the Criminal Law.There are three main types of crimes in China's criminal law sub-rules,namely,property crime,currency crime and money-laundering crime.The specific circumstances of the possible non-punishment behavior will be detailed analyzed to clear what circumstances should be established the Afterwards act of impunity.Second,this part will analyze and discuss the special circumstances of the Afterwards act of impunity,combing with the general provisions of the Criminal Law,such as criminal capacity,the limitation of prosecution,crimes of private prosecution,etc.for example,one of the acts of is beyond the limitation of prosecution or one belongs to the prosecution crimes while the victim gives up telling and so on.Third,this part will identify and deal with the Afterwards act of impunity in occasion of Joint Crime.In today's society,the cooperative division of crime is more and more diverse and more and more complex.Therefore,it is more difficult to define the Afterwards act of impunity in Joint crime.This chapter will discuss three kinds of situations in which someone else will take part in the Afterwards act of impunity.At last,it is the conclusion of the article.It is mainly to reaffirm the theoretical and practical meaning of studying the Afterwards Act of Impunity,summarize the contents of the paper and call on people to pay more attention to the theory at the same time.