A Study On The Offences Of Undeserving-punished Pre-crime And After-crime

The conception of undeserving-punished pre-crime and after-crime offences is very common in the realms of criminal theory in Germany, Japan and the area of Taiwan, but on the mainland of China, it is seldom mentioned by scholars. There are many divergences on the comprehension of its meanings and conformations, and this leads to much disorder in criminal theories and great disharmony in criminal judicial practice. What is its nature? What are its inner compositions and outer forms? Is it necessary to confirm this conception in criminal legislation? These problems are seldom involved in traditional theories of criminal law and can't be solved thoroughly and successfully. But when we explore its law spirits deep and make our best to utilize its functions in judicial practice, we have to face them.In order to solve these problems above, I discuss the defects of this traditional theory firstly, analyzing its meanings so that we can reconfirm its theory and reshape its conformations. It is advisable to abrogate the conceptions of absorption criminal and entanglement criminal, regarding relations of absorption and entanglement as norms or measures in the course of defining it. Then in order to increase practicable possibility in criminal judicial practice, I develop its connotations and extensions from the two aspects of its self and forms, making this most complicated and comprehensive conception more concrete and understandable. Furthermore, I discuss the deepest reasons of this conception by views of humanity, utility, economic and policy for the defects of traditional criminal law theories, explicating the boundary of'deserving-punished'and'undeserving-punished'and conditions by which to shift to their opposite sides, claiming that the occurrence of this conception is contingent and limitative. In the end, I regard that it is necessary to seek a position in China's current criminal law in order to strengthen its theoretical basis, making judicial practice more harmony. I also devise several concrete articles for them by means of criminal legislation.A resurvey and redesign to the theory of undeserving-punished pre-crime and after-crime offences helps to reduce conflicts in theory and enhance clarity of criminal law, as well as carry out the principle of crime and penalty legally and safeguard equity in judicial practice.