A Solution By Classification For The Judging Criteria Of Acts In Plural Crimes

As the key issue of the plural crimes,the number of acts has always been in a state of debate in both theory and practice.The four theories each has its own merits,but cannot from a common standard.In judicial practice,there comes embarrassing situation of identical cases with distinct verdicts,including briberies and almost all mixed crimes.Tracing the routes,the theory of natural act leads to single verdict of ideal concurrence,while constitutive elements of act support plural crimes.This harms the principle of prohibition of repeated evaluation.The bribe-taking malfeasance of public duties,as charges,experienced a transition from being treated as bribe-taking alone to combined plural crimes of bribery and malpractices of public duties.With this step,the criteria of acts changed from natural sense to constitutive elements.According to the analysis,it is a comprehensive result from the legislative intents for the crimes,the judicial practice,and legislative tendency in general.Therefore,by extending these three standards and trying to apply to other usual mixed crimes,including using forged official documents,dangerous driving and obstruction of official duties,there would be suitable judging standards for each of the crimes applicable.That is,forging and using official documents shall be punished as one crime,since the shared legal interest matches the standard of natural act,while dangerous driving and obstruction of official duties shall be punished for the two charges combined.