Crime Number Of The Original Theory

Crime-number refers to the number, plurality or singularity and overlapping of crime. The cardinal task of crime number theory is to harmonize the relationship between the adjudgments of crime and punishment, and in addition, provide theoretical support to the adjudgments of crime and punishment. The key of crime number is conviction, which makes crime number the intersection of varied criminal theories and of criminal substantial law and criminal procedure law. Cognizance of crime number should firstly accord with the principle of conviction subject to the criminal law, and secondly to the principle of balance between crime and punishment that will be discussed in this thesis in the appearance of forbidding improper conviction, and then to other principles such as judicature domino effect and lawsuit domino effect. The criterions of deciding crime number are two systems: one is the stipulation of the criminal law, which represents as legal crime structure, the other is the system of exception judgment that is under the guidance of legal crime structure and is to be employed only when there is blurriness in the law subscription. To judge the crime number according to the criminal law subscription is actually a matter of understanding and explaining the law, therefore, this thesis settles this problem in two steps, the first one is to understand the law subscription through analyzing the structure and function of crime structure, and the second one, to explain the law from the angle of legislation and legal law explainer. Judgment with exception system is more complicated and mainly embodies in the judgment and disposal of varied concrete crime numbers.From the law subscription and production of crime number studying in many countries, discussion of crime number is commonly carried out from the facets of actual overlapping, imaginary overlapping and subscriptions overlapping. Actual overlapping means one's conducts committed several crimes actually and should be punished according to the regulation of judging many different crimes. Imaginary overlapping seems that there is overlapping in crimes, whereas actually there is not. Subscription overlapping refers to the crimes overlapping engendered by the embodiment or overlapping of law subscriptions themselves.Evaluation function of criminal law should be explained from two angles, one is the principle of forbidding duplicate judgments, the other is the principle of fulfillment. As known, the key point of crime number is how to harmonize the adjudgments of crime and punishment when one's conducts comply with more than one crime structures. Therefore, it is earnest to set principles of judging crime structures before solving the problem of harmonizing the adjudgments of crime and punishment. The first principle is forbidding duplicate judgments, which means the central fact, whatever it could aggravate or palliate the penalty, shall never be appraised more than once. The second principle is fulfillment, which means one's conducts must be appraised not partially but comprehensively. Theelements of crime structure have been considered in legislation and been represented in penalty, so they should never do any help in judging concrete cases. If one's conducts measure up to more than one crime structures, but one of the crime structures could appraise his conducts completely, according to the principle of forbidding duplicate judgments, it is not approved to appraise bis conducts with other crime structures (law stipulations overlapping). To the contrary, if one' conducts could not be completely appraised by any one crime structure, it is inadequate to appraise his conducts with merely one crime structure. The principle of fulfillment helps to punish the criminal legally and publicly, that's to say, any matter or situation considered in the case by the judges should be open to the criminal. Not mentioning to the law stipulation in conviction does harm to the publicity and perspicuity of the verdict.From the angle of logic, there are four possible relati...