In The Criminal Law To Ban Repeated Evaluation Principle Of Judicial Application Research

Ban repeated evaluation principle is the evaluation is one of the must follow the principle of criminal law,is one of the important principles of protecting the legal rights and interests of criminal offence.Ban repeated evaluation principle is one of the important concept of modern criminal justice,though China's criminal law has not its rise as the law,but in the legislative and judicial practice are intentionally or not adhere to this principle,but because from the standpoint of scholars,not unified,not form a unified view,the ban repeated evaluation principles of criminal law in our country lack of unified standard in the academic research,in the concrete application in judicial practice,there is no completely implement ban repeated evaluation principle.The happening of this kind of phenomenon is not conducive to the construction and development of the country under the rule of law in our country,is not in conformity with the criminal law educational world and the judicial practice on the principles of the identification requirements,easy to infringe the legitimate rights and interests of criminal offence.To prohibit duplicate evaluation are presented in this paper the concept,theoretical basis as the breakthrough point,on the principle,on the basis of analyzing the concept of the principle in the sectors of conviction and sentencing of criminal judge concrete applicable are discussed,in order to better use of the principle in the judicial practice.The first chapter to ban repeated evaluation principle,the concept of dispute and elaborates the theoretical basis.Articles for the current academic theory about the criminal code prohibits repeat evaluation principle is introduced in this paper,the concept of,on the basis of comprehensive analysis of the pros and cons of the various views,the concept of the ban repeated evaluation principles,clear definition: the so-called repeat evaluation principle in criminal law,refers to the inside,the criterions for the conviction of criminal procedure for the same crime or criminal facts,shall not be irrelevant factors warrant twice,also cannot avail himself of the components of different repeat the warrant,moreover,constitutive requirements once avail himself of the evaluation of whether a crime,which shall not be invoked as the basis of sentencing.The second chapter expounds ban repeated evaluation in the condemnation of the judicial application of principle.Ban repeated evaluation principle is a principle of conviction,be in namely conviction when banning convicted circumstances to give the same two or more of the same nature.Convicted circumstances can be divided into distinguish crime and not crime,this crime and the crime of bel,basic and misdemeanor,felony,accomplice,stop,and six types of crime number form.Articles of judicial practice easy to violate the ban repeated evaluation principle of accomplice form and crime number form two aspects as the research object,starting from the basic theory of crime number shape,mainly including ban repeated under the principles of evaluation principle of the concurrence of criminal crime number theory problem,combined with the behavioral theory,respectively from the imagined concurrence crime,involved crime,series crime and punishment behavior types such as applicable to ban repeated assessment were analyzed.Starting from the basic theory of accomplice form,mainly including ban repeat the evaluation principal accomplice pattern from the perspective of evaluation,The third chapter expounds ban repeated evaluation in sentencing the judicial application of principle.Ban repeated evaluation principle is also a sentencing principle,namely when sentencing convicted circumstances or prohibit the same sentencing plot to evaluate the nature of the two or more identical.Article will ban repeated evaluation principles in the application of sentencing is divided into two aspects: Firstly,it is the fact that has been used as a convicted circumstances,cannot again play a role in sentencing;Secondly,it is the same circumstances can not be again.Convicted circumstances in sentencing on repeated assessment,the author with bribery,theft,traffic offences for typical charges to analyzes the situation of which were liable to occur in the practice.Repeat evaluation about sentencing plot,the author in practice common multiple of recidivism,drugs and crime,criminal record,for example applicable to ban repeated evaluation principles of concrete are analyzed.