The Discussion On The Non-punishment Behavior

Non-punishment behavior is not a product of the traditional criminal law theory,it is the theory of criminal law from civil law countries and regions borrowed fromabroad. Comparing and learning from the research on the Non-punishament behaviorfrom civil law countries and regions, this article conducts detailed studies onnon-punishable behavior and proposed system theory.In addition to introduction, this paper is divided into five chapters. They arebasic theory, disputes and evaluation about quality of criminal quantity,demonstrateon quality of criminal quantity, related quantity of crime,applied confucianism ofnon-punishable behavior.The introduction focus on a brief introduction to research, research significance,research methods, innovation and deficiencies. As the very important part of criminalquantity, non-punishable behavior had not yet been detailed and in-depth study byChina criminal law scholars. Current criminal law theory works on the behavior ofthe non—punishable theory Mostly introduce review of the theory of the civil lawMainly reflected in the lacking holistic concept about non-punishable behavior.Limited to relatively simple understanding, it is the cause of the extremely narrowresearch on the theory of non-punishment behavior. In this paper, there is asystematic study of the behavior of non-punishment theory. Compensate forregreting on lacking of holistic concept about non-punishable behavior. In theory andpractice. conducive to deepening the theoretical system on the quantity of crime and to promote the solution of problems in the judicial practice of the major theoreticaland practical value. Therefore, the theory of non-punishment behavior designedresearch is necessary.Chapter Ⅰ "the basic theory of the non-punishment behavior"is the core of thisstudy, but also necessary theoretical premises and the logical starting point. Fornon-punishable behavior. The first chapter studies the concept of non-punishmentbehavior, the main features, classification, as well as the legal basis. Specifically, theauthor first through sort out and comparison the definition of non-punishmentbehavior made in the criminal law field, of Germany, Japan, Italy, France and Chinain Taiwan, it shows that there is no holistic concept about non-punishable behavior.On the contrary, focus on the concept of non-punishment post behavior,non-punishable subsequent behavior and non-punishable prior behavior. Andfocused on the identification of criminal quantity, research perspective is morelimited.On the base of the concept defined by aforementioned civil law countries andregions, This paper makes a specific analysis on specific type of non-punishablebehavior and summarized and presented a general concept of non-punishablebehavior, and around this concept further studing of the characteristics, classification,and the legal basis of the non-punishable behavior. Non-punishable behavior has sixmain characteristics, namely:non-punishment behavior and main behavior has theplural evaluation object, the plural of crime constituted heterogeneity, against theidentity of legal interest, the fact that levels of necessary connection, the main bodyof the same as well as the infringement of legal interests, and comparativepunishment of the offense. According to the non-punishment behavior with the mainacts occurred in chronological order, from a broad perspective the behavior ofnon-punishment can be Divided into three types of division: Non-punishment postbehavior, Non-punishment subsequent behavior and Non-punishment priorbehavior. This article select the position of criminal quantity of Japan to illustrate theprinciple of a comprehensive evaluation of the principles and prohibit repeatedevaluation as as the theoretical basis of the non-punishment behavior At the sametime, refuted and Clarified the misreading of analyzing non-punishment behaviorthrough the theory of anticipated.Chapter Ⅱ"The disputes and evaluation to crime essence doctrine ofnon-punishment behavior" for the purpose of studing the crime essence doctrine of non-punishment behavior, introduced and evaluate the crime essence Doctrine ofnon-punishment behavior identified by Germany, Japan, Italy, France and China inTaiwan and other civil law countries. In order to explore the right path and laws fordemonstrating crime essence of non-punishment behavior in Chapter III.Through Collating and analyzing crime essence doctrine of non-punishmentbehavior by aforementioned civil law countries criminal law theory. Including thefive doctrines: lapping of legal provisions,heterogeneous including onecrime,constitutive requirements solving,successive offenses,one crime. Afteranalysis, the author find out that, For the foregoing doctrine,it is can not be easy tojudge which one is more valuable between the two angles.we should evaluate it fromcrime essence which the doctrine belongs to and the position from China crimeessence. Identification of the crime essence of non-punishment behavior depends onthe crime essence system which it belongs to. As long as finding a reasonableposition for non-punishment behavior in the crime essence system, and do notgenerate inconsistencies in the logic system, it can be considered that thisunderstanding has the relative rationality. This fundamentally is decided by thecertain commonality of different countries to study the phenomenon of criminalquantity. Under the guidance of the enlightenment law, before identifying of thecrime essence of non-punishment behavior, The primary solution is the awareness ofcrime quantity system, Including standard to judge the crime quantity and logicalpartitioning of crime quantity system.It has a crucial and decisive role to investigatethe crime essence of non-punishment behavior,and also became the basis for thethird chapter.Chapter Ⅲ"Demonstration of the crime essence of non-punishment behavior"investigate accurate positioning of non-punishment behavior in China quality ofcriminal quantity.The author made a bold correction and analysis on the plight and the reasons ofChina criminal quantity' common theory, Put forward new ideas and criteria to outof the woods, Complete reconstruction of criminal quantity system. Specifically, theway out of the woods is Dividing criminal quantity criterion into two parts,distinction criterion and punish criterion The former solves the compliance betweenbehavior and constitution of crime; The latter solves the penalty of Pluralconstitution of crime. Division of crime quantity types should take the criminal lawas the standard, dividing crime quantity into statutory crime quantity and non-statutory crime quantity The former contains combinative crime,aggregatedconsequential,continuous crime,continuous crime.The latter contains statutes 'joiners of offenses,imaginative joiners of offenses,implicated offender,absorbableoffense,plural crimes of a kind.According to the Reconstruction of the criminal quantity criterion, the authorreconstruct the concept of absorbable offense,it can be defined as "In the sameviolations of the same legal interest Different natural behavior of crime ofcommitting crimes of different nature". Absorbable offense includes the followingcharacteristics: First absorb relationship; Second, the behavior must belong to adifferent nature constitute a crime; Third, the different nature of the crime constitutedan infringement of the same legal interests; Fourth, a number of acts belonging to thedifferent behavior of the benefits of the same law against the same process stage.According to different stages of the behavior of the degree of infringement of legalinterests, absorbable offense can be divided into two types: vertical absorbableoffens and the level of absorbable offense.To judge the crime essence doctrine of non-punishment behavior, it mustcombine the reconstruction of criminal quantity criterion earlier in this article.Because non-punishment behavior and the main behavior Conform to differentconstitution of crime, According to distinction criterion of criminal quantity,it canbe called"evaluated criminal quantity" in the sense of constitution of crime；According to punish criterion of criminal quantity-crime equaling penalty principle,because non-punishment behavior and the main behavior in fact has the inevitablecontact, and belong to the same benefits a violation of the law, it can be concludedthat both meet the same legal interest in the same process against. It's harm tosociety is significantly lighter than the typical number of crimes, in the sense ofpenalty, it can be called "the sentence of a crime".It is absorbable offense defined bythis article,so the crime essence of non-punishment behavior is absorbable offense.Although the crime essence of non-punishment behavior is absorbable offense,It is necessary to clarify the relationship between non-punishment behavior andabsorbable offense. non-punishment behavior can not conclude all of absorbableoffense, the range of absorbable offense is greater than non-punishment behavior.The relationship between non-punishment behavior and absorbable offense isinclusive and be inclusive. First, non-punishable prior behavior and Non-punishable subsequent behavior can not include the absorption between vertical absorbableoffense and potential damage offense. Second, non-punishment behavior does notinclude legal interest against a high degree of legal punishment lower in the case.Chapter Ⅳ "Non-punishable behavior and related quality of criminalquantity",it is on the basis of defining crime essence of non-punishment behavior,compare it with related quality of criminal quantity. The purpose is to investigatecoordination between the crime essence of non-punishment behavior and criminalquantity system. further reinforce the rationality of the crime essence ofnon-punishment behavior and reconstruction of criminal quantity system. The authordemonstrated statutes ' joiners of offenses, imaginative joiners of offenses,implicated offender in the reconstruction of criminal quantity system in detail.Andcontrast crime essence of non-punishment behavior with the aforementioned threequality of criminal quantity.Chapter Ⅴ"Judicial Application of Non-punishable behavior"is from theperspective of a combination of theory and judicial practice, combine the ofconclusion non-punishable behavior by this paper with the situation which may beapplicable in the judicial practice, In order to provide theoretical guidance for thejudicial practice about specific issues of non-punishment behavior to resolve.Judicial Application of non-punishment behavior is divided into two parts, First,non-punishment behaviors of common crime, including the following three scenarios:The perpetrator is not the implementation of the main acts, only to abet, to helpimplement other behavior; The behavior of the implementation of the main actsabetting others to commit other behavior; The behavior exists conspires onlyinvolved in the implementation of other behavior. Second, the prosecution and trialof non-punishment behavior, including the statute of limitations, civil action,surrendered to the dispositif and judgments expressed in the four judicial practicesituation, and provide theoretical guidance for the prosecution and trial ofnon-punishment behavior.