Research On Repeated Acts As Constitutive Elements Of Crimes

Since the amendment of the Criminal Law in 1997,a legislative model that repeated acts are used as a basis for conviction and sentencing,has appeared more and more frequently.In Criminal Law Amendment(9),there are more legislative provisions on repeated acts,such as“Repeated robbing”,“Disrupting the working order of state organs”and so on.The academic circles generally divides repeated acts into three types repeated acts as elements of incrimination,repeated acts as elements of aggravated punishment and repeated acts as carriers of cumulative amounts.Despite the study of repeated behaviors has gained some achievements in theoretical research,,for the issues of the connotation of repeated acts,the theoretical basis and judicial interpretations,the academic circles have not formed a unified view.Most of themconducted a classification study after generally referring to as“Repeated crimes.”,“Repeated acts,”“Repeated-type crimes”,etc.Compared to the repeated actions that are as the carrier of cumulative calculations and aggravated punishment,there are few independent and complete discussions on repeated acts as an element of a crime.However,the incriminating mode that a single act is only a violation but repeated acts violate the criminal law needs theoretical support and judicial specific explanation.The writer chooses the repeated behaviors in which“multiple times”are taken as the constituent elements of a crime.This essay is divided into four parts,specifically:The first part:the standard combing of repeated acts as a constituent element of crimes.Through sorting out the legislative evolution of repeated acts and the general classification of repeated acts as constituent elements of crimes,two issues that are repeated acts of criminal factors are elicited:first,the theoretical basis is ambiguous;second,judicial determination is difficult.The second part:the theoretical study of repeated acts as the constituent elements of crime.Through the distinction of subjective viciousness,crime,personal danger,personality criminal law and other related theories,then discuss the rationality of the personality criminal law as a theoretical basis for repeated acts of incriminating.The third part:judicial confirmation of repeated acts as a constituent element of crime.Through the analysis of specific concepts such as "multiple","substance",and"behavior",as well as the discussion of issues such as the number of crimes,the form of crimes,and the determination of accomplices,then explain the problem that repeated acts as a factor of a crime on judicial determination.The fourth part:the legislative perfection of repeated acts as the constituent elements of crime.Integrate the classification of repeated acts as a constituent element of a crime and the criteria for judicial interpretation,and make legislative proposals in terms of principles,scope,and other legal relations.