Research On The Afterwards Act Of Impunity

The Afterwards act of impunity theory can exist in Germany,Japan,Italy and Taiwan region of the criminal law theory,ourcountrypunishment law and discusses the research on this subject is less,the Afterwards act of impunity theory on orientation and processing has become the focus of controversy in theory in criminal law field.therefore,has important significance to the study on impunity.the Afterwards act of impunitymain the subject,the identity of the object of action,accomplished and behavior before and after the time of the crime status on four characteristics such as extensibility.The causes of impunity,domestic scholars mainly in number theory of the crime in a joint discussion,such as implicated offender ?absorbable offense and continuing offence.The Afterwards act of impunity in the absence of constitution should condition,and the absorbableoffense phase difference.Non penalty of crime after behavior belongs to the original,so its implicated offender is different.The Afterwards act of impunity belongs to the concurrence of heterogeneous crime,different from continuing offence make belong to the same offence,continental law system mainstream view has Competition law?including a crime said,but the coincidence of law article for afterwards act with different properties of this kind of crime can not solve,by including a crime and is in conflict with the four elements theory of crime constitution in our country and does not exist in our country's criminal law.Therefore,the absorption of foreign relations theory in the context of our country,advocate Evaluation of the prohibition of the principle of double,this revised Absorption crime to explain the Afterwards act of impunity should be a reasonable choice.This paper is divided into four parts:The first past is the concept of the Afterwards act of impunity theory.Based on the civil law countries and regions and the scholars have listed the definition of acts of impunity,issues related to comparative analysis proposed in this paper defines the concept of impunity,and analysis of its characteristics.The second part is about the Afterwards act not punish theoretical research and problems existed in practice.Domestic acts of Afterwards act of impunity theory,pointed out that Afterwards act of impunity in the problems of judicial practice problems.The third part is Afterwards act without penalty theory reference in foreign behavior.Basedoncomparativeanalysis,try to reshape reasonon Afterwards act of impunity of theory.The fourth part discusses after the actual use of punishment behavior.From the perspective of combining theory and practice,discuss afterwards act of impunity in the judicial practice of application,including afterwards act of impunity criterion,classification and the special type identified in the case.Hope that through the study of the above problems,make the judicial practice afterwards act of impunity cognizance and treatment can have a clear standard,ensure the consent of the criminal law applicable,so as to avoid afterwards act of impunity in the confusion of judicial application,and ultimately achieving criminal justice.