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Study on Crime of Times

Author: LouYun
Tutor: HuXiangFu
School: Nanchang University
Course: Criminal Law
Keywords: Repeatedly committing Repeated breach of law Amount Several Aggravated Offense Non- simple multiple guilty
CLC: D924
Type: Master's thesis
Year: 2009
Downloads: 26
Quote: 0
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Abstract

Many acts as the basis of certain criminal conviction and sentencing , only exists in the Criminal Law before the amendment of a single line of criminal legislation, as well as 97 of the Penal Code as a legislative model , 13 terms of the number of the Revised Penal Code of 1997 . The number of times to become a very prominent constituent elements of fact . Guilty of repeatedly refers to the many times the same kind of behavior as the basis for the conviction and sentencing patterns of crime . Repeatedly guilty of a broad or general term behavior of the number of \Take the cumulative amount of rules, since the system is not mature , in theory , should not be magnified , despite widening the system , but to further expand its scope of judicial interpretation of criminal law provisions in the amount calculated shall slow down , Cautious . Repeated breach of law constitutes a crime , it is the behavior of the multiple offenses of the same nature , has a serious danger to society , which shall be subject to criminal punishment in a legislative type . Several illegal basis of existing theory is not convincing enough to constitute a crime , we should in theory be improved gradually , this should not blind expansion of a repeated breach of law constitutes a crime legislation of the applicable range . Many times heavier guilty , Penal Code expressly provides that certain crimes because of the behavior of the number of elements heavier in the basic penalty on the basis of the legal punishment of criminal patterns . Many times heavier guilty based litigation economic principles to several crimes to be punished by a sin , are the provisions of the legal fiction , it is a very important legislative techniques and methods , since a legal fiction, there is no reason this legislation cases in the Legislative and the blind to promote the administration of justice . Non- pure repeatedly guilty of the original intention of the legislation is to severely punish some serious administrative violations , but difficult to operate in practice as it relates to the coordination of administrative penalties and penalty , contrary to the place , and with China 's criminal policy , non- pure repeatedly guilty should be limited .

Study on Crime of Times

Abstract

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