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The Studies on Some Problems of the Imaginative Jointer of Offenses

Author: ZhaoZuo
Tutor: ZhengJunNan
School: Jilin University
Course: Criminal Law
Keywords: The Imaginative Jointer of Offenses An Action Several Changes the Nature of the Number of Charges Principle of Punishment
CLC: D924.11
Type: Master's thesis
Year: 2011
Downloads: 91
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Abstract

The Imaginative Jointer of Offenses is attached to the field of the theory of the number of offenses. It is an important appearance of crime conception in criminal system theory. Imaginative Joinder of Offenses is a concept that criminal circles of continental law system created in order to pursue rationalization,meticulously and exhaustively of damningness and measurement of punishment as well a crime pattern,therefore,this appearance of crime criminal has been admitted by criminal legislation and judicature of continental law system.The salient characteristic of the Imaginative Jointer of Offenses is "One action offends several criminal charges",it is a prerequisite for the establishment of the Imaginative Jointer of Offenses,which directly determines conviction and punishment of the Imaginative Jointer of Offenses. I read the analysis of a large number of foreign criminal law field theories of the Imaginative Jointer of Offenses on the basis of academic achievements, in the service of criminal judicial practice in China and the reality of today’s needs, comprehensive law, sociology, philosophy and related disciplines of knowledge, comprehensive use of comparative analysis, theory with practice and the method, the theoretical premise, the principle of crime and punishment of the the Imaginative Jointer of Offenses were essentially the number of systematic research and feasibility studies. Analysis of the comb and the theory of foreign criminal law after the various points of view, re-elaborated the related concepts and assessment standard of two prerequisites for the establishment of the Imaginative Jointer of Offenses, that is an action and several criminal charges.and the legal nature of the Imaginative Jointer of Offenses, then drawn on the basis of this theory form the kind of crime the punishment principle.About standard of on one action of the the imaginative jointer of offenses identified, I advocate the general behavior theory. This doctrine is a combination of theory and social behavior of natural behavior theory point of view,that is the identification of a single act should start with the natural meaning of a behavior to be identified, then the concept from a social point of view of a behavior evaluation. Specific to be determined from the following three considerations:first, should have the unity of subjective meaning. Second, the unity of body movements. Third, a number of actions in the objective space and time should have close ties, and in accordance with the ordinary people’s social experience is an integral unity.Imaginative Joinder of offenses for the number of recognized standards of doctrine, I advocate Elements of the Standard Theory, that criminal law should be consistent with facts of the crime the number of elements that constitute a crime as the difference between the standard with a number of charges. Elements of the Standard Theory of the Crime, the number of recognized standards as drugs have the following meanings:First, by using Elements of the Standard Theory of the form number in the charges constitute a crime of carrying out the field theory. Second, the criminal standard that the rejected Elements of the standard theory of criminal means, standards of conduct doctrine, the legal interests of the standard theory, which only counts the number of elements as a standard to judge, but to provide an overall uniform standard, so that the number of charges identified activities in an overall under the guiding ideology, more comprehensively, accurately and scientificly.About the the nature of the number of charges of The Imaginative Jointer of Offenses, continental substantive criminal law field theory of a crime, the actual number of counts of doctrine, the law of competing theories, the penalty for the charges, a said of four points of view. I have a few theories on this description and comment one by one after, I think that the doctrine of substantive offenses and substance of a number of offenses that are not diametrically opposed, can not reconcile the conflicting views, but separately from "an act" and "sevaral charges " Imaginative Joinder of two angles to explain the legal nature of is precisely these two theories can be based on a count obtained punishment that point of view.Different countries and regions punishment Imaginative Joinder of legislation have different requirements, I support "Comparison of weight in accordance with a crime, based on the principle of re-aggravating the appropriate",this principle is not only punished the punishment before I come to count on the legal nature of a consistent and implemented the sins committed, criminal responsibility, consistent with the principle of punishment, but also fairness and justice and members of society in general awareness and emotional recognition.

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