On The Repeated Offense In China's Criminal Law

Repeated offense is a distinctive crime type in P.R.China's Criminal Law Code.The number of such offense in Criminal Law code has increased from 14 to 18 in 20 years,and there are also 58 new repeated offense interpreted by judicial authorities.With the expanding of repeated offense,the criminal law code and the judicial interpretations don't illustrate a uniform standard for their constitutive elements,such as one act,the nature of act,frequency and existence period.This paper tries to study the punishment foundation of repeated offense,according to which,we can interpret the repeated offense uniformly.The introduction describes the problems of repeated offense,research status,research value and method of the dissertation.The first chapter analyses the common problems of repeated offense.The first part points out it is the short of uniform and scientific legislation planning that leads to the contradictory articles of repeated offense.The second part tries to prove “repeated” is quantitative components,and the illegitimacy of repeated offense is reflected by the frequency of acts.The act is the object of cognition factor in crime intent,so the repeated offense doesn't have stop forms,which are decided by will factor.The third part classifies repeated offense into three types,including repeated crime,repeated aggravated crime and repeated crime aggravated by number.The second chapter illustrates the punishment foundation.The foundation of repeated basic crime is the actor unlawfulness.Repeated aggravated crime's foundation is the consequence without Value.The nature and function of aggravated amount is as same as basic amount.The accumulated calculations belongs to one essence crime.The accumulated calculations articles could be divided in to real accumulated calculation rule and unreal accumulated calculation rule.The former includes collective crime and creep offense,while the latter is legal fiction.The third chapter studies the factors of repeated basic cirme.Firstly,the legitimacy of repeated acts conviction is the personal dangerousness,in which what matters is the behavior tendency reflected by act frequency.So repeated acts imply the possibility of committing a crime,and one act means one factual behavior.In repeated basic crime,one act means an administrative and completed behavior.Besides Because of the principle of Prohibiting Repetitive Assessment,one act in repeated offense is an act without punishment.In repeated basic crime,the frequency is more than three times and the time is two years.The firth chapter demonstrates the factors of repeated aggravated offense.The general danger of the beginning of one act is different from urgent danger of the attempt;one general danger means one act of repeated aggravated offense.In repeated aggravated crime,attempts should be added up,while discontinued criminals should be partly added up according to its order.In repeated aggravated crime,the frequency is also more the three times and it is not necessary to demand special existence period between several times.The fifth chapter discusses the factors of repeated aggravated crime.In accumulated calculations articles,one act could be an administrative behavior or a crime.Given the nature of one legal interest,it is unable to sum up different forms of danger.Because of the principle of Prohibiting Repetitive Assessment,one act in repeated offense is an act without punishment.In accumulated calculations articles,the frequency is more than two years,and the time should be determined by the nature of acts.The last chapter discusses the hard cases in repeated offense.According to the elements showed in forent chapters,this paper build several case model to discuss the suitable penalty.