An Analysis Of The Number Of Crimes In A Child Molestation Case By Guo

The determination and punishment of the number of crimes is a controversial issue in both the criminal law academic circle and the judicial practice circle.When applying the criminal law to deal with various cases,because we understand the controversial theories from different perspectives,we can draw different conclusions.This not only causes the scholars to dispute the determination of the number of crimes of the perpetrator,but also leads to the law Practitioners have launched a discussion on whether the behavior of the actor should be judged as one crime or several crimes,especially when the level of behavior implemented by the actor is more complex,the controversy is more intense.Based on the case of child molestation,this paper puts forward the controversy on the number of crimes in this case.In the process of comprehensive analysis and qualitative analysis on the number of crimes of child molestation in this case,combined with the relevant criminal law theory,using the relevant criminal law theory,further makes a reasonable and detailed evaluation on the focus of the dispute,so as to obtain the number of crimes in this case.This paper consists of three parts:The first part is a brief introduction of Guo’s child molestation case,which is involved in the article,and expounds the dispute on how to determine the number of crimes in Guo’s case,and also analyzes the relevant legal provisions.There are different views on the view that the actor Guo should be defined as a crime in this case,which are mainly reflected in the following aspects: Guo’s behavior belongs to habitual crime;Guo’s behavior belongs to continuous crime;Guo’s behavior belongs to continuous crime.Based on the purpose of this paper,the research is limited to the theory related to the determination of the crime number of the perpetrator,that is,other theoretical issues unrelated to this case are not discussed in this paper.The second part of this paper aims to solve the determination of Guo’s behavior number in this case,that is,to discuss whether Guo’s behavior should be evaluated as a number behavior or a behavior.Through the way of qualitative analysis and quantitative analysis,the author evaluates the relevant theories of the number of acts judgment standard,and finally thinks that the legal act theory should be taken as the basis,and the actor’s main factor and subjective factor should be taken as the identification standard,so as to draw the conclusion that Guo’s act is the number of acts in a case.The third part of this paper is an important chapter of this paper,which aims to identify Guo’s number of crimes.This part first describes the relevant standards of the number of crimes,through the evaluation of the relevant standards outside the country,further affirms the advantages of our country’s crime composition as the standard of judging the number of crimes.Then combined with the relevant characteristics of the number of crimes in the focus of the case,this paper analyzes Guo’s specific behavior,and finally concludesthat Guo should be punished for several crimes,including child molestation,compulsory molestation and insult.