The Reserch Of The Application Of Restricting Charges By Penalties

“Restricting charges by penalties” has been put forward for a long time and has been discussed for some time.The concept of it is different.Is it an inverse logic or a kind of discretion? Is it only in practice or should it be sublimated? On the basis of the concept of solidification “restricting charges by penalties”,a judicial action applicable to the crime of punishment may be brought into play,and the understanding of theory and practice will be adopted,by researching on the application of “restricting charges by penalties”Except in preamble,the article is fallen into three parts.The first part is mainly about the definition of “restricting charges by penalties” or “criminal penalties impacting crimes”.Firstly,On the basis of combing existing concepts,the author raised,on the one hand,it refers to the crime of “restriction” of punishment by name,changing a sentence that has been known to be “determined” for a long time,highlighting the two-way restriction of “punishment” and “crime”,emphasizing that“punishment” and “crime” are proportionate to the original and judicial purposes of legislation.In yet another aspect,that “crime” is restrict by the method,to solve the judicial practice problem.The specific performance is to refer to the statutory punishment to explain the constitutive elements,to use presentencing for crime for the best choice,combining that traditional tripartite logic and the logic of the three-section theory.And then,compares the application of “restricting charges by penalties”with some other theories like overlapping crime theory,getting the relations betweenthem afterwards.The application of article 63 of the criminal law is supplemented at the same time.In the second part,the author makes an argument on the possibility and actuality of the application of “restricting charges by penalties”.In the first two parts of the chapter,the author primarily elucidates the development of hermeneutics to argument it is just the support to the application of “criminal penalties impacting crimes”.Next,by means of explanations about the interaction between crimes and punishments on legislative level and the balance between crimes and punishments on judicial level,the application of “restricting charges by penalties” obtains theoretic support.In The latter two parts of this chapter,first through the investigation of the existing different scholars and the view on display,explains that the application of “restricting charges by penalties” is applicable to the practical objective reality.After that,the author represents the goals during the process of juridical practice,such as judicial justice,social identity,consistent legal effect and social effect,etc.The situation proves the subjective reality of the application of “restricting charges by penalties”.In general,the application of “criminal penalties impacting crimes” is realistic,including objective reality and subjective reality.In the third part,the author makes an argumentation on the scope of the application and specific application tortures.The first section is the relevant content of the application scope of “criminal penalties impacting crimes”.In this part,the author hold opponent views with negativism of the application of “criminal penalties impacting crimes”.At the same time,the author explores the universal application of the theme.It is pointed out that,based on the meaning of “criminal penalties impacting crimes”,the locality of its application scope maps out the universality of its application scope,but it should pay attention to its specific application mode.The second section starts from the statutory punishment and the presentencing and puts forward the key basis for the application of “criminal penalties impacting crimes”.The final charge will be judged by presentencing.Then the author raises the core of the application of “criminal penalties impacting crimes” :the argument of judicial judgment,and all judicial activities present a judgment document.