The Principle Of Prohibition Of Repetitive Evaluation In Criminal Law

The principle of prohibition of repetitive evaluation is the basic principle of most countries in the world,also is the one of the important concepts of modern criminal justice.Evaluate actor's behavior comprehensively,punishment fits the crime correctly and realize the justice fully are its main effect.Apply The principle shouldn't be limited to criminal system,between criminal and other branch law,also international law,the principle should be applied comprehensively.So,the article from the angle of the holistic order of law,applying the principle roundly.From three aspects,include criminal system,branch law and international law expounding it to analysis the application of the principle of prohibition of repetitive evaluation.The part one and part two introduced the origin,definition,related categories and character of the principle.From its origin,analyzing other scholars' definition of this principle.Combined with its basic content,put forward author's definition,‘At the conviction and sentencing stage,it is forbidden to make two or more evaluations of the facts or circumstances of the crime(conviction and sentencing circumstances).'And Its three characteristics include justice,directionality,and coordination.The third part introduces the harmony of the principle of prohibition of repetitive evaluation in criminal system,include Criminalization and Sentencing.Firstly,Overlap of Articles accord with constitution of a crime on the surface,but it should be valued only one time;Secondly,from the theory of natural behavior in real competition,for Imagine competing criminals should be ‘From a heavy crime Aggravated punishment',In addition to the penalties imposed in the criminal law,the penalty for the relative crime should be counted.The principle of prohibition of repetitive evaluation in Sentencing,this article introduced from horizontal and vertical.Horizontal mainly general rules of criminal law and the factors affecting sentencing in the sub-classes cannot be repeatedly evaluated;vertical mainly the plot that has already been the conviction level cannot be evaluated again as the sentencing plot.The part four introduced the principle between the criminal law and others,mainly between criminal law and administrative law.Repeated evaluations can also be formed between different sectoral laws,because administrative violations and criminal violations are essentially challenges to the national order.Therefore,serious administrative violations may face both the evaluation of administrative violations and the evaluation of criminal violations.This kind of co-opetition belongs to a broad range of laws and regulations,handle two principles when handling,if it has been criminally prosecuted,in principle,it is no longer permissible to impose administrative penalties on it repeatedly.When an act is investigated by an administrative agency,but it meets the criteria for a crime in the criminal law,the administrative agency should transfer it to the judicial authorities.If the administrative penalty has already been imposed,then the deduction should be made when the penalty is imposed.The part five mainly introduces the coordination of legal order between countries.It mainly focuses on the fact that foreign criminals have been subject to foreign criminal punishments,and advocates to implement the principle of prohibition of repeated evaluation on the premise of respecting national sovereignty.