The Concept Of Implicated Crime Is Clarified And Applied Research

Implicated offense has always been an extremely complicated and controversial proposition for the discussion of criminal law theory and criminal justice in China.On the one hand,China's criminal legislation does not provide clear and detailed provisions for implicated offense.The vacancy status directly leads to the lack of necessary standards for the identification and punishment of implicated offense in judicial decisions,leading to frequent occurrences of "same case but different judgments".On the other hand,the basic concepts,core characteristics and treatment principles of implicated criminals have not been fully clarified in the criminal law circle of our country.Even criminal jurists have different opinions on relevant theories,so it is difficult to give play to the guiding role of implicated offense theory.It also aggravates the confusion of judicial application of implicated offense.Based on the current situation of separation of legislation and judicature of implicated offense and the separation of theory and practice,we can try to start from a specific judgment case and explore a new way to practice the theory of nurturing back and promote the legislation with justice.From the perspective of empirical analysis,it can be expanded from the following dimensions:As far as the number of implicated offense is concerned,when judging the number of offenses,the facts of the crime and the factors affecting criminal responsibility should be considered on the one hand.The applicable crime composition should comprehensively reflect the infringement of the legal benefits of the act.On the other hand,the evaluation of multiple crimes constituting the same violation of the same legal interest cannot be applied.Therefore,the principle of full evaluation and the principle of prohibition of repeated evaluation should be taken as the basic criteria for judging the number of crimes.On the basis of the above,there is a theory in the current theoretical world to judge the number of crimes based on elements such as intent,behavior,legal interest,and constituent elements.Constitutive element standard theory evaluates the conformity of constitutive elements on the basis of comprehensive consideration of each element.Compared with other doctrines,the constitutive element standard theory avoids a single consideration of the elements at the theoretical level.For fit,it is more suitable as a criterion for judging the number of crimes.Implicated offense have committed several criminal acts and violated multiple criminal objects.A number of different crimes have violated different crimes stipulated in the Criminal Law of China.Implicated offense have several different criminal intentions under the control of a criminal purpose,so it is both a form and a substance of several crimes.It is generally believed that implicated relationships are the essential characteristics of identifying implicated offense,and clear judgment criteria for implicated relationships are the key to identifying implicated offense.Four different perspectives on the objective criteria for implication in judicial practice include the relationship between means and purpose or cause and effect,usually internal relationship,cause and effect relationship,and the crime constitutes an inclusive relationship.In consideration of strictly limiting the scope of the establishment of the implicated relationship,the objective judgment criterion of the implicated relationship is selected from the usually internal relationship theory.In the derivation of judicial practice,judicial practice is usually identified as the behavioral determination of implicated relationships and the typed list of implicated relationships adjusted for dynamic supplements.When determining whether there is an implicated relationship between behaviors,compare the nature of the behavior with the typed list.If the list is met,the subjective intention judgment of the next stage can be entered.On the contrary,if it does not meet the list,the judge will comprehensively judge the nature of the behavior and the probability of the occurrence of previous and subsequent behaviors to judge the objective level of the implication relationship,so as to improve the efficiency of judicial decisions.However,the judgment of implicated intention needs to consider comprehensively whether the subjective subject has a single criminal purpose and whether it recognizes that there are means and purpose relations or cause and effect relations between several acts.The principle of execution of implicated offense selected in judicial practice in China is "convicted and punished in accordance with the heavier provision","heavier convicted and punished in accordance with the heavier provision","concurrent punishment for several crimes".Due to implicated offense have a singularity of criminal purpose and have a sinful nature in the evaluation of liability,we can regard the commonly-connected behavior of implicated offense as "one act" and the principle of suiting responsibility and punishment to crime,so the principle of"heavier convicted and punished in accordance with the heavier provision" is more appropriate.However,implicated offense have several crimes and constitute several crimes.It is only because the subjective malignancy is small and other reasons.The"in accordance with the heavier provision" principle is applied to implicated offense.Therefore,the "in accordance with the heavier provision" in the principle of punishment is only the absorption of punishment without the occurrence of crime,and the principle only applies to sentencing,not to conviction.In addition,since the criminal declaration also announces the wrongful act of the perpetrator,the criminal declaration should also specify the charges of felony and misdemeanor committed by the perpetrator.Therefore,the concept of implicated offense can be reinterpreted as a pattern of quantity of crime that is based on several criminal acts committed based on the ultimate criminal purpose.Criminal behaviors have different forms of crimes and there is a common relationship between crimes.In addition,we can establish rules for judicial adjudication of implicated offense.First,the factual act is fully but not repeatedly evaluated,and the factual act must meet two or more elements of the crime;then,the number of acts is clearly defined as plural and it is determined that there is a general connection between the several acts;finally,the perpetrator is deemed to exist implicated intent.