The Concept And Application Of Multiple Acts In Criminal Law

The current criminal code and judicial interpretation of our country will "many times" as the phenomenon of criminal law gradually increase.The author according to the criminal law of the People's Republic of China assembly(12)conducted a comprehensive system of comb,found involved in the current criminal law norms on charges of "multiple behavior" as many as 84(only for "people" as the standard criterions for the conviction is not included,because the one action may cause harm to the many "m"),directly to the criminal laws of 17,68 confirmed in the judicial interpretation,see table 1.Lawmakers,however,did not specify the behavior of multiple criteria for recognition of the concept,nature and inevitably caused chaos,apply on practice for multiple actions deemed too wide or too severe,is damage to the principle of a legally prescribed punishment.The academic research on the phenomenon of multiple behavioral legislation has achieved some results,but no systematic theory has been formed.There is a great difference between academic and judicial practice in the study of cases such as multiple burglaries and multiple robberies.Therefore,it is of great significance to study many behaviors related to the study of multiple behaviors.The first chapter is the basic theory of many ACTS in criminal law.This paper briefly expounds the historical evolution of several behavioral legislation,enumerates the viewpoints of theoretical circles on the concept and types of multiple behaviors,and makes a comparative analysis to draw my own views.The second chapter is the trouble in theory and practice of several behavioral legislative models.Multiple act legislation series crime theory applicable to expand,and crimes of the vacancy,confusion of administrative legislation and criminal legislation cohesion,legislative concept is not clear fuzzy language,easy to cause ambiguity in understanding.The third chapter,the fourth chapter is viewpoint of this paper,according to the type of behavior for many times,respectively in this paper,the establishment of the multiple form elements(factual)and standard of substantial requirements(value).Through the definition of"one behavior" and the understanding of "many",the constitutive elements of many ACTS are formally defined.Through the analysis of the violation of the law,the form,the limitation of prosecution,etc.,the constitutive elements of multiple ACTS are defined in nature.The fifth chapter is about the legislative and judicial Suggestions.Propose legislation should be a clear definition of the concept of performance,and maintain the coordination of legislation,including coordination of criminal legislation and administrative legislation,criminal law,the internal coordination,suggested that the judicial practice,should hold the form factor and nature factor of the performance,applied correctly,implement the principle of a legally prescribed punishment.