Research On Criminal Behavior As A Pre-existing Behavior

The theory of advance behavior that has been plagued by many scholars at home and abroad is not only a hotspot in the theory of inaction,but also a complex problem that has not been solved for a long time.Although many scholars have studied this theory,and most of the research on this theory involves the relationship between the first act and the principle of the law of the crime and the scope of the first act,whether it can be used as a source of obligation for non-crime,etc.However,when discussing the scope of the predecessor behavior,it does not delve into whether the predecessor behavior includes criminal behavior.The controversy on this issue is the most intense.There is still no unified conclusion on this issue.However,the theory has great significance in practice.The research on this issue is helpful to clarify whether criminal behavior can be used as an advance behavior.In the judicial practice,the sin and the number of crimes,the sin and the sin of the sin;the justice of the judiciary determines that the concept of impure is not a crime,regulates its judicial operation,so that the judicial personnel can implement the concept of crime and punishment,so as to achieve reasonable punishment,thus achieving Fair and just.This article has more than 39,000 words.In addition to the introduction and conclusion,the main body is divided into three parts.The first part is to explain the basic issues of the first act.First of all,it is reasonable to define the meaning of the first act itself.Secondly,from the theoretical point of view,it fully explains why the first act can become a source of duty not to be a crime.Finally,on this basis,the establishment of the first act is clarified,and then the first article is drawn.The question is whether criminal behavior can be used as a predecessor.The second part analyzes the viewpoints put forward by scholars on this issue,and on this basis,puts forward the author's point of view.First of all,it introduces in detail the three different theories of theory in the theoretical circle,and then evaluates the viewpoints of each theory.In the process of evaluation,it combines the case to prove the author's insistence.After analysis,it is said that there are two main problems.First,criminal behavior that is considered to be more serious than illegal behavior can be regarded as a predecessor,which is a logical error.Second,when a criminal act is proposed as a predecessor,it is followed.The establishment of implicated offenses between the inactions is obviously not fully understood.Secondly,the negative scholars believe that if the first act contains criminal behavior,it will inevitably blur the boundaries between the two,it will violate the principle of prohibiting repeated evaluation and will conflict with the result of the aggravated offense,but after analyzing the viewpoint,the author believes that it is in certain conditions.The recognition of criminal acts can be a pre-existing act,and does not necessarily conflict with the prohibition of repeated evaluation principles and the aggravation of results.Finally,the author believes that the viewpoint of compromise is relatively reasonable.Based on the detailed argumentation of the focus of the dispute,the author advocates the idea that under certain conditions,criminal behavior can be used as a predecessor.Furthermore,it lays the foundation for the analysis of the second question of the article,namely the specific criminal behavior type as the first act.The third part is mainly to analyze the specific crime types as the first action.Firstly,it is divided into negligent crimes and intentional crimes.Secondly,when analyzing intentional crimes,it clarifies the theory of criminal suspension involved and whether it lacks the blame for lack of expectation;again,with multiple conditions As a standard,the specific types of impure inaction caused by the first act are divided into the following eight types: 1.Deliberately as + intentional inaction + different legal benefits;2.Intentional + intentional inaction + same legal benefit;3.Intentional as + Negligence does not act as + different legal benefits;4.Deliberately as + negligence does not act as + same legal benefit;5.Negligence as + intentional inaction + different legal benefits;6.Negligence as + intentional inaction + same legal benefit;7 negligence as + negligence + Different legal benefits;8 negligence as + negligence does not act as + same legal benefit.Finally,the eight types are further summarized and divided into two categories: intentional crime and negligent crime.In intentional crime,legal interest plays a key role,that is,regardless of whether the perpetrator's subjective behavior is the same or not,as long as the legal interest is Different,then criminal behavior has the potential to act as a predecessor.In the case of negligent crimes,this is not the case.The former negligence is deliberately inaction after the +.In this case,the same or not the legal interest does not affect the possibility of the criminal act as the predecessor;and the negligence as the + negligence is not the case,only Different legal interests,criminal behavior can be the possibility of prior behavior.