Study On The Connection Of Execution Of Repeated Offense

Repeated offense is a unique form of crime in China,and a prerequisite and basic issue for conviction and punishment of multiple offense is how to view and deal with the previous administrative punishment,and the related issues of the connection between execution and punishment are worth studying.Firstly,this paper starts from the perspective of multiple offense in a broad sense,sorts out the legislative history of multiple offense,analyzes the legislative value of multiple offense,and then analyzes the theoretical basis of execution linkage and the theoretical level of multiple offense.Secondly,on this basis,starting from the perspective of the connection of the execution entity,taking whether or not you have received administrative punishment as a prerequisite for repeated offense,the premise of administrative punishment is applicable to the four crimes of smuggling,tax-related,social order,and mineral provided for in the current criminal law provisions and judicial interpretations,and the punishment of re-criminalization after administrative punishment does not violate the principle of repeated evaluation,but it is necessary to clarify the administrative punishment as an element of criminalization.Then,among the multiple offense that do not require administrative punishment,define the nature of the administrative and criminal violations of a single act in different types of multiple offenses,and clarify the administrative and criminal statute of limitations for each act when the multiple acts are not dealt with and need to be accumulated.Finally,if multiple offense receive double punishment due to their dual administrative criminal offense,it is necessary to offset the fine and fine,personal freedom punishment and freedom punishment,so as to better realize the connection between execution and execution.