The Study Of The"Repeated Acts" In China's Criminal Law

In judicial practice,the perpetrator often carries out harmful acts of the same nature repeatedly.In order to effectively defend and control this social risk,legislators classify it as "repeated acts" and make it explicit in criminal norms.With the enlargement of the legislation scale of "repeated acts",the research of the the theories field has also shown its clue and formed a system.This article takes the substantive "repeated acts" norm in the existing criminal law and the right interpretation as the research object.After focusing on solving the prepositional problem of concept,the classification research is carried out by taking the difference of the normative function of "repeated acts" as the yardstick.First,at the value level,the legitimacy of its legislative purpose is considered from both positive and negative perspectives;secondly,the current "repeated acts" are analyzed..from the legislative perspective.”The controversial issue of norms focuses on the difficult problem of "repeated acts" in judicial application.Finally,according to the omission of current criminal legislation and the focus of disputes in the judiciary,this paper proposes the perfect path from the legislative and judicial perspectives respectively.The full text totals more than 30,000 words and is divided into five parts:The first part,the overview of "repeated acts".Firstly,it introduces the legislative origin of "repeated acts" in China,and combs the evolution of "repeated acts" in China.Secondly,it evaluates the theoretical viewpoints of the existing legislative types of "repeated acts" and decides to adopt the type divided by the difference of normative functions as a yardstick in this paper.Finally,it defines the concept of "repeated acts" and points out that the repeated acts in this article are in accordance with punishment.The expression or logical interpretation of the provisions of the law and the right to interpret,taking the number of acts as the elements of the crime and then affecting the starting point of conviction,is evaluated as a legislative phenomenon of a crime at the normative level.The second part,investigates the legitimacy of "repeated acts" legislation.After investigating the legislative value of "repeated acts" and the doubts it faces at the macro level,the author approves the legislation of "repeated acts" as the condition for the establishment of a crime or the carrier of cumulative punishment.He believes that the legislation of "repeated acts" as a way to improve the legal penalty conditionslacks legitimacy and is not balanced in the allocation of penalties,and this kind of norm should be used cautiously.The third part,the controversial issues in the current provisions of "repeated acts".Taking the current "repeated acts" norm as the research sample,this paper points out that it lacks uniform legislative rules and has the power to explain the generalization trend.Among them,the lack of uniform legislative rules mainly refers to the inconsistency of "many" provisions,the unclear direction of one act in "many times",the inconsistency of Pre-punishment "repeated acts" standards and the confusion of provisions as the carrier of cumulative punishment for many times.The fourth part,the difficult problems in the judicial application of "repeated acts".In the identification of accomplices,the focus is on how to evaluate the acts if the perpetrator has only committed one act of assistance or abetment,but it contains the content of helping or abetting others to commit crimes for many times;as far as the incomplete form is concerned,the focus is on whether there is room for incomplete "repeated acts" and single criminal acts or illegal acts constituting "repeated acts".In the issue of limitation,it focuses on the starting point and period of limitation of prosecution for "repeated acts";in the determination of voluntary surrender,it mainly analyses how the actor should operate when he only confesses part of his actions.The fifth part,the improvement path of "repeated acts".In view of the difficult problems in the judicial application of "repeated acts" and the omissions in the legislative process,the corresponding improvement measures are put forward.From the judicial level,first of all,we should comprehensively measure the plot facts of single and repeated acts,the subjective and objective manifestations of the actor,and on this basis,limit the application of multiple aggravated offences;at the same time,we should strictly abide by the modest spirit of criminal law and strictly prohibit the analogy of "repeated acts".Thereafter,the judicial problems that are difficult to solve can only be regulated by legislation.First,based on the complexity of the existing norms,we should unify the relevant identification standards of "repeated acts",including the unification of the rules of "multiple" identification,the clarification of the elements for the establishment of "multiple" one-time acts,the unification of the relevant provisions of "repeated acts" as the carrier of cumulative punishment,and the determination standards of "repeated acts" as the pre-quantitative punishment.Second,we should follow the principle of compatibility between crime and punishment.At therequest of the law,the stipulation of "upgrading the act of committing a crime after being subjected to administrative punishment to statutory punishment" should be abolished.Thirdly,it restrains the expansion of statutory punishment which has the right to explain "repeated acts".