A Study On The Continuing Offence

The continuing offence is a crime form between the single crime and several crimes, it is this character that gives rise to much controversy in the field of criminal law. At the same time, the theoretic controversy bring about many problems of judicial practice. So I will take an overall and systemic investigation on the continuing offence about its evolution,conception,constitutive factors,character,legal effects,differences from other crime forms and reserving or abolishing, and I will also discuss the controversy and put forward my views. I wish the discuss will arouse other scolars's interest in the study of continuing offense and conduce to solve these puzzling theoretic problems which have resulted in legislative confusion. My arguments are as follows: deny the conception of "continuing intention"; several negligence acts can't constitute a continuing offence; a crime individually and an accomplice can't constitute a continuing offence; a basic crime and a transformed crime can't constitute a continuing offence; suggest to abolish the continuing offense because of the difficulty of it's determination and the awkward situation in our criminal law. Once the continuing offence is abolished, it should be treated as several crimes :the measurement of penalty should be determined by the total amount of the several crimes when they are crimes of amount, otherwise they should be applied the normal Principle of Combined Punishment.