Study On The Number Of Aggravating Constituted Crime

The aggravation of the number of crimes that constitutes crimes is limited in the study of criminal law theory in China,and it is also scattered and fails to form a complete system.Most of them are sporadic in the discussion of issues such as aggravated crimes,aggravated crimes,and aggravated offenses.And in the discussion of the theoretical circle,there are controversies and even lack of clear cognition for aggravating many problems that constitute the form of criminal crime.In this case,it is highly prone to mistakes to aggravate the specific form of crime that constitutes a crime as a classification that constitutes a crime;and it is aggravating whether the crime and sentencing rules need to be distinguished and how to distinguish them;How to determine the number of crimes,and to aggravate the theoretical research that constitutes the relationship between the number of criminal crimes and other criminal forms.These ultimately lead to greater difficulties in understanding and applying the form of aggravating crimes.Therefore,the author hopes to analyze the aggravation of the number of criminal crimes,and further clarify the specific manifestations of aggravated crimes and their crime forms,so that they can better solve the theoretical and practical problems of aggravating the number of crimes..In addition to the introduction and conclusion,this article has five parts:The first part: aggravating the basic theory of the number of crimes that constitute crime.The first is to increase the composition.The concept of weighting is discussed.Luo listed four different concepts of aggravation,and based on the sum of the four viewpoints,he came up with the concept of aggravating composition.At the same time,it should be noted that the common criminal composition and the derived criminal composition(including the aggravating crime)correspond to the basic composition.Corresponding to the amended criminal composition,the two cannot be confused.By analyzing the concept of weighting,it is concluded that the weighting composition has relative independence and aggravation compared with the ordinary structure.Through the analysis of the characteristics,it is found that the aggravating composition and the sentencing rules have similarities in the aggravation,but the two are essentially different.The aggravating composition is a problem that needs to be discussed in the crime theory,and the sentencing rule is a simple sentence.Aggravation constitutes an attempt to commit crimes,and there is no attempt in the rules of sentencing.There are three main viewpoints on how to distinguish between aggravating composition and sentencing rules.Stereotypes start from the perspective of the type of crime,and substantively proceed from the substantive harm of crime.The compromise proposes the individualization of crime and the harmfulness of society.The three major standards of type and deliberate regulation,at the same time,recognize that "multiple" and "quantity(special)is huge",because of China's qualitative and quantitative legislative model,as a special aggravation.It should be based on compromise,but “multiple times” is not subjective knowledge,so it is more reasonable to belong to the sentencing rules.Secondly,it aggravates the concept of crime,which mainly aggravates the concept of crime.Aggravated crime constitutes a crime that is stipulated by law and has aggravated its constitution compared with ordinary crimes.Aggravation constitutes a constitutive feature of crimes,that is,aggravating constitutes a crime with an aggravating composition;aggravating the characteristics of a criminal offence refers to the provisions and descriptions of the specific provisions of the criminal law.There are three types of criminal law provisions for aggravating crimes: the latter part of the same law,the setting of special funds,and the setting of another law.Finally,the increase in the number of crimes that constitute crimes is mainly from the aggravation of the number of crimes.The criteria for the classification of crimes at home and abroad mainly include four categories: subjective standard theory,objective standard theory,compromise theory and crime.Form the standard said.According to the status quo of China's criminal law,the standard of crime should be adopted.The aggravation of the crime forms that constitute the crime is classified into the content of the constituent elements.There are different classification methods in the theoretical circle.The author believes that the aggravation constitutes a crime and should be divided into aggravated offense,aggravated offense and aggravated offense.The plot aggravated offense can be divided into abstract plot aggravated offenses and specific plot aggravated offenses,and the specific elements such as means,time and place are attributed to the specific plot aggravated offense.The aggravated aggravation is not a manifestation of the individualization of the crime itself,but it is characterized by the particularity of our legislation,which should be aggravated by independence.The relationship between aggravated offense,aggravated offense,and aggravated outcome is independentThe second part: the plot is aggravated.Firstly,according to the concept of aggravating the crime,the concept and characteristics of the aggravated offense are derived.The characteristics of the aggravated offense are mainly discussed from the aggravating circumstances.According to the aggravating circumstances,the plot aggravating can be divided into the inclusion of aggravating objects,aggravating means,aggravating time,Aggravated places and other specific aggravating circumstances of the specific plot aggravated offense,as well as abstract plot aggravated offense containing abstract aggravating plots.The characteristics of the crime of aggravating the crime are three kinds of concrete manifestations in the criminal law: abstract,denomination and concomitant.Secondly,the plot aggravates the intersection of other crimes.If the confession is understood as "A +B= A(B)",it is easy to lead to confusion between the sin and the aggravated sin,and it is necessary to insist on the new sin.This effectively avoids this problem.Both the plot aggravated offense and the imaginary competing offense are recognized as one crime,but the two differ in appearance,form of expression,and punishment.The final plot aggravates the co-opetition with other forms of crime.The issue of the possibility of co-opetition between the aggravated offender and the continuation,state,business,and implicated crimes is discussed in detail and the principle of punishment at the time of competing is summarized.The third part: the amount of aggravated offenders.The first amount of crime is the crime of the amount of the crime as a necessary component of the crime.The aggravating amount is an aggravating component of the amount of aggravated offense,specifically the amount that causes the penalty to increase.The aggravated offense refers to the criminal act of the perpetrator who has exceeded the limit of the ordinary crimes stipulated in the criminal law,and the criminal law stipulates the form of the crime of the statutory penalty.The constitutive characteristic of the aggravated offense is that the aggravated amount is constituted by the aggravation of the subjective and objective forms resulting from the “quantity” factor.The guilty feature is that the amount specified in the Criminal Law is huge and the amount is extremely large.Secondly,the similarities and differences between the aggravated and other forms of crimes mainly discuss that the aggravated and continuous crimes and the same crimes have the same point in the “accumulated amount”,but the continuous crime requires the same opportunity and the same number of crimes.The continuation between criminal acts,which is aggravated by the amount of the difference between the two.Finally,the competition between the amount of aggravated offense and other forms of crime is discussed.The specific discussion of the aggravated and implicated offenses,continuous offenses,statutes,and imaginary co-opetitions,as well as the principles of dealing with co-opetition.The fourth part: the result is aggravated.First of all,the concept of aggravated offenses means that the perpetrator has committed ordinary crimes,resulting in an aggravating result of imputability,and the criminal law has increased the number of crimes of his statutory punishment.As a result,the composition of the aggravated offense is premised on ordinary crimes,and ordinary crimes may be behavioral offenses,dangerous offenses,and result offenses.The result of the aggravated offense is that the manifestation of the criminal law is an abstract result of aggravated offense and a specific aggravated offense.Secondly,the result aggravates the similarities and differences between other crimes.As a result,both aggravated and converted offenders have committed a certain criminal act,causing more serious consequences.The conversion offender applies other provisions,and the result is aggravated.It is still the legal provisions.And the result of aggravating and imagining competing crimes are regarded as a substantial sin,but the number of crimes committed,the object of infringement,and the punishment are different in principle.The result is that the aggravated offense and the combined offense are composed of two parts of crime,but the relationship between the two parts is different,and there are common concurrency relations between the combined crimes.The final result aggravates the co-opetition with other forms of crime.The focus is on the results of aggravating the problem of composing and absorbing offenders,competing offenders,and handling principles.The fifth part: aggravation of the relationship between the number of crimes that constitute crime and other criminal forms.First of all,it aggravates the problem of the relationship between the number of crimes and the form of cessation.The aggravation of the number of crimes that constitute a crime has an unfinished form of affirmative and negative arguments.It is affirmed that it will constitute an independent constitution of crimes and conforms to the principle of adaptation of crimes and punishments.It should be considered more reasonable.Aggravation constitutes an unfinished form of crime including preparation,suspension,and attempted form.Focusing on the study of the attempted form,the aggravating circumstances in the aggravated episode is a comprehensive factor.The judgment of aggravating the plot must adhere to the principle of unity of subjectivity and objectivity.The aggravation of the amount of the attempted form must also adhere to the principle of unity of subjectivity and objectivity.The amount of the intentional execution of the crime by the perpetrator is punishable by the number of actual crimes;the perpetrator has a large amount of(special)huge intentions,actually not If the amount can be reached,the amount is(special)hugely convicted and sentenced;the result is aggravated whether there is any dispute in the theory of the attempted theory.It should be considered that the crimes of ordinary crimes and aggravating results are aggravated by the consequences of negligence,others The results of the aggravated crimes have been attempted.Secondly,it discusses the aggravation of the relationship between crime and joint crime.There are two kinds of relationship between aggravated crimes and joint crimes.All the co-criminals in the same relationship jointly and deliberately implemented a crime consistent with the aggravating circumstances.Some of the joint offenders in the cross-cutting act have committed more than the elements of ordinary crimes and thus constitute a crime of aggravating the crime.In the joint crimes in which the amount is aggravated,the joint criminals shall bear criminal responsibility within the range of the amount they know.In the end,there is a competing coexistence between the crime forms that constitute the crime and the three criminal forms of the common crime and the stop form.