The Repeated Acts In Our Criminal Law

The repeated acts in the criminal law refers to three or more than three times crimes or violationes based on the same nature but different criminal intents,which are forbidden by criminal law or administrative regulation.The repeated acts have three attributes:independence,interval and integrity.The manifestations of the repeated acts include overt expression and covert expression.Based on the different subustantive effects on the conviction and sentencing,the repeated acts can be divided into three types,as elements of constitutions,as elements of sentencing and as cumulative carrier.The status of the repeated acts in our criminal theory system should be a tape of cricumstansces,which belong to criminal quantitative elements,and a comprehensive evaluation of three or more than three times crimes or violationes.On the subjective cognition of the repeated acts,the actor should be aware of the nature of each act,that is,knowing it well,but not requiring a clear judgment of the legal significance of the repeated acts.The determination of the repeated acts can follow the judgment model of "the form first the essence second".In the form level,the judgment mainly focuses on the two aspects of the homogeneity of the behavior and the integrity of the set of behavior.On the substantive level,the judgment mainly focuses on the two aspects of the interval between each behavior and the repeated meaning of the person.As far as conviction is concerned,the repeated acts as elements of constitutions are related to continuing offense,collective offense and circumstance crime,at the same time,there are essential defferences.On the other,the repeated acts as elements of sentencing are likely to be confused with recidivism,repeatation and other issues.The repeated acts as cumulative carrier and crime of amount have some overlaps.