Research On The Crime Of Multiple Illegal Acts

The conviction of multiple illegal acts refers to the fact that the perpetrator repeatedly commits illegal acts of the same nature and has serious social harmfulness.He should be punished by punishment and thus be prescribed as a crime.The conviction of multiple illegal acts first appeared in the single-line criminal law.In1997,the Criminal Law absorbed the relevant content of the single-line criminal law,stipulating that “the plants were planted after being handled by the public security organs” constitute the crime of illegally planting original drug plants.The tax authorities have given the second administrative punishment and tax evasion,which constitutes the crime of tax evasion.At the same time,it has increased the situation of "multiple theft" and "multiple gatherings of prostitution",and the relevant provisions in the criminal law amendment and judicial interpretation are increasing..In recent years,the provisions on the multiple criminal offences have been rapidly developed.According to the author's statistics,there are more than 50 provisions in the criminal code and judicial interpretation,and the cases in which the perpetrators have repeatedly committed illegal acts in judicial practice.It is also more common.Based on the linguistic expressions of multiple violations in the criminal code and judicial interpretation,this paper studies its theoretical basis,legislative value,specific identification and cross-examination,and puts forward suggestions for multiple violations.Judicial practice has helped.This article examines the conviction of multiple violations from five parts:The first part is an overview of the multiple violations of the law.First of all,this part takes the relationship between administrative law and criminal law as the starting point,defines the concept of multiple illegal behaviors,and clarifies the research object of this article,which is different from the "multiple crimes" that still exist in the theoretical circle.Secondly,According to its legislative language,it is divided into"expressive multiple-type" crimes,"suggested multiple-type" crimes,"multiple-type crimes" and "double multi-crime" according to its legislative language.Subtype"crime and analysis of these four types of crime.The second part is the theoretical basis for the multiple violations of the law.The first is the theoretical basis for the conviction of multiple violations.The perpetrators have repeatedly committed illegal acts,which have infringed and threatened the legalinterests,and also reflected the greater personal danger of the perpetrators.The legislators stipulated that the crimes are objective and infringing on the subjective interests and subjective personalities.The result of a comprehensive consideration of risk;followed by the theoretical positioning of “multiple behaviors”.From the perspective of the composition of crime,the "multiple acts" in the criminal code are part of the selective crime component,and "multiple times" are the essential elements of the degree of behavioral malpractice.In the case of sin,there are “multiple acts”,the plot belongs to the specific elements of crime,and “multiple acts” are the plot requirements from the perspective of the criminal policy of the actor.Judging from the qualitative and quantitative criminal model of legislation,“multiple times” should be included in the scope of quantitative factors.The third part is the evaluation of the value of multiple illegal acts.First of all,the multiple criminal acts are guilty under the influence of the criminal criminal law concept,and the universalization of criminal legislation is also to meet the needs of crime prevention during the social transition period.Secondly,the multiple illegal acts that were originally jeopardized by administrative regulations are more harmful.Incorporating into the criminal circle,it is subject to a lower statutory penalty,which is consistent with the criminal law structure of “strict but not strict”;once again,after the abolition of the labor education system,the multiple illegal acts that should have been re-educated through labor were flown into the crime to meet the objective needs of the connection of execution.The fourth part is the practice of conviction of multiple illegal acts.First of all,the definition of "multiple" should be based on the principle of three or more times,and the crime with administrative punishment as the precondition,with two or more exceptions.Secondly,the definition of "secondary" supports the objective standard.It is advocated to judge the number of times based on the objective situation.For an act that does not reach the level of administrative punishment,it should not be counted in the total number of times,and an unfinished act on the factual level may be counted as “multiple times”;again,it is about the multiple violations.The unfinished form problem is mainly the attempted crime.The author believes that it should be divided into the following situations: the "expressive multiple-type" crime has an attempted form,and the "implicit multiple-type" crime and the "multi-type" crime have no attempted form;the last is the execution of multiple illegal acts.problem.For those crimes that do not take the administrative punishment as a prerequisite,the act ofadministrative punishment will be accumulatively accumulated in “multiple times”for criminal law evaluation.I s it a violation of the principle of prohibition of repeated evaluation? When the final decision is made,can the administrative punishment received be offset by the penalty? Should the amount of administrative punishment should be calculated together or should it be removed? For these questions,this paper gives the answer to the theory of criminal law and judicial practice.The fifth part is the proposal to plead guilty to multiple violations.The first is the attitude of multiple violations of guilty convictions.The multiple violations must be consistent with "common sense,common sense,and common sense",and must be limited by the principle of humiliation of criminal law.Secondly,it is guilty of multiple violations.Legislative advice.The types of crimes and crimes involved in the conviction of multiple violations should be appropriately restricted to prevent their excessive expansion.It is necessary to improve the identification of "one act",the unfinished form of crime,and the cross-examination of crimes through legislation.The offenders who have repeatedly committed illegal acts should be provided with educational corrections;once again,the multiple violations are guilty.Judicial advice.Judicial referees should make substantive explanations when judging whether multiple illegal acts should be guilty.For the "multiple illegal acts" of super-regulation,the relevant provisions on multiple criminal offences cannot be applied.