Some Discussions On The Afterwards Act Of Impunity

In German and Japanese criminal law circles,the afterwards act of impunity has become a recognized and widely discussed theory,however,in the field of criminal law in our country,it is still as an exotic location and has not yet been clearly internalized in the theoretical system of China's criminal law.However,the study of the theory has also led to the situation that students have no idea how to use it and the lack of theoretical guidance in the judicial practice.Consequently,many questions came up in my mind,for instance,what dose the afterwards act of impunity mean? What are appearance and components of it? And what is the nature? These questions have become the motive for me to write this paper.On the afterwards act of impunity,German and Japanese criminal law and Taiwan criminal law circles have discussed for a period of time,in some elements of the afterwards act of impunity have come to an agreement,but in some other elements,there is still controversy between fellow scholars.In theory,the theft of property after the deliberate destruction of the property is considered to be the typical afterwards act of impunity,but there are also different views.This paper attempts to state the concept,characteristics and inscape of the afterward act of impunity,and based on this,clear its position in criminal law,then discuss its application in the judicial practice.This paper begins with the introduction and the main body is divided into three chapters.The introduction is a brief introduction to the origin of the problem,the theoretical research on the afterwards act of impunity.The first chapter mainly introduces the concept,the connotation,the essential factors and the basis of the afterwards act of impunity.First of all,I divided this concept to two parts including the afterwards act and non-punishment behavior.By clearing these two concepts,the afterwards act of impunity is limited in a range,that is to say,only occurred after a crime can the behavior have the possibility to become a afterwards act of impunity.Next,I clear the meaning of “non-punishment”,it is not to say that the behavior is not been punished by the criminal law but punished with the precious behavior.The afterwards act of impunity consists of four components including the same criminal,the same object,essential relationship between two behaviors and deserved constitutional elements.The second chapter is to find out the nature the afterwards act of impunity and its position in our criminal law circle.By collating China criminal quantity' common theory,the author put forward the idea that the afterwards act of impunity belongs to China criminal quantity' common theory and clear its essence is absorbable offence.In the third chapter,the author expounded the application of the afterwards act of impunity.This chapter includes the judicial application of different types of the afterwards act of impunity,the judicial application of the afterwards act of impunity in the joint crime and the the afterwards act of impunity in the special circumstances.By the determination of the theory,the author limited the application of the afterwards act of impunity strictly to guide the judicial practice better.