Judicial Affirmation Of Joint Punishment After The Act

As a complex and important concept in the field of criminal law in the civil law system,t he co punishment of ex post facto acts often appears in judicial practice and puzzles the judici al organs.Since the concept was introduced into China in the 1990 s,there is no consensus on the theory and definition of the concept.The research on the joint punishment of ex post facto behavior is quite simple,the behavior of people is complex and diverse,and the phenomenon that the perpetrator carries out several behaviors in the process of crime can not be counted.Although the theory of the number of crimes in criminal law reasonably solves some problem s in judicial practice,it is difficult to deal with the means and behaviors of novel crimes.First,this paper starts the theoretical basis of post behavior co punishment,lists the princ iple of prohibition of excess evaluation and the principle of expectation possibility,which pro vides theoretical support for the post action co punishment.There are three categories of the c ommon punishment behavior.Help us make a better distinction between similar concepts.Secondly,from the judicial practice of the case of post-mortem behavior,the act after the act as,inaction and possession of the form of induction and sorting.Through the case present ation and the dispute and analysis in the process of case handling,the author finds the reasona ble scope of the post event behavior co punishment in the application,so as to provide some g uidance for the treatment of relevant cases in the judicial practice in the future.Thirdly,from the process of combing the above cases,it is found that there are following problems in the determination of the common punishment of the post event behavior,includi ng the conviction,the attribution of the number of crimes and the sentencing.These problems hinder the judicial organ’s handling of the case and inevitably there are some deviation in the i dentification.Finally,in order to solve the above problems and return the judicial cognizance to the cor rect track,the author puts forward the consideration of the common punishment of the post ev ent behavior in the last part of the article,clarifies the basis and standard of conviction and se ntencing,clarifies the definition range between single crime and several crimes,so that the co ncept can serve the practice better and enrich the whole legal system.