Research On Multiple Acts As A Criterion For Incrimination

Since the reform and opening up,especially in the process of many amendments to the current criminal code,the existence of "multiple acts" as the standard for distinguishing between criminal and general violations of criminal law legislation and interpretation of criminal law is increasing.There are many theoretical problems that need to be studied in depth in the new standard of multiple crimes,which needs to be improved at various levels such as legislation and justice.This article first sorts out the criminal phenomenon and the "multiple acts" legislation phenomenon that is widely used in the interpretation of the crime as the standard of incrimination,and then explores the deep legal issues behind it,then summarizes the relevant theoretical disputes in the academic world for evaluation,and finally attempts Put forward corresponding improvement suggestions.This article includes six parts:The first part sorts out the related provisions of "multiple acts" in China's criminal legislation and legal interpretation and the process of its development and change,and introduces the process of the emergence and development of "multiple acts" as a legislative phenomenon in China's criminal law.The second part further proposes a special type of "multiple acts".This type of "multiple acts" serves as a criterion for criminalization.From the two elements of "multiple acts" and "criterion for incrimination",the connotation of multiple acts as the criterion of criminalization was clarified.At the same time,"multiple acts" and "multiple acts as a criterion for incrimination" are classified,and then "multiple acts" and "multiple acts as a criterion for incrimination" are defined in terms of connotation and extension.The relationship between multiple acts and multiple offenses was clarified,and a logical starting point was established for the following research.In the third part,based on the classification and comparison of the normative documents and theoretical research,it summarizes some common features of "multiple acts as a criterion for incrimination".Thus,the constituent elements of "multiple acts as a criterion for incrimination" are defined from both the subjective and objective aspects.The fourth part analyzes the theoretical basis of using "multiple acts" as the criterion of criminality in the criminal legislation and justice from the theoretical level.It starts with several theories such as the theory of personal danger,the theory of personality criminal law,and the theory of qualitative variables.On the basis of the above theory,the rationality and necessity of using multiple acts as the criterion for conviction are analyzed.The fifth part analyzes the two problems of correct identification of multiple acts in judicial practice through case analysis and literature research.It is mainly the relationship between the time limit for criminal prosecution,multiple acts and the unfinished form of crime.After analyzing the above two issues,I put forward scientific opinions and suggestions.The sixth part focuses on the specific problems in judicial practice,reflects on the deficiencies in the current normative documents on the "multiple acts" provisions as a standard of crime,and makes suggestions.The main suggestions are: limiting excessive expansion,coordinating different laws and regulations,and rationally adjusting the allocation of penalties.