The Rules Of "the Amount Of Acumulated Calculations" In Criminal Law

As a criminal punishment institution, the amount of accumulative total computation is related to definition of crime and Non-crime,the difference between misdemeanor and felony, the division of a sin and lots of sin and so on.The cumulative calculation have Clearly been defined in present criminal law and the relevant judicial explanation. But the rule of the relevant judicial explanation is more confusion, it causes that view of the criminal law field for the amount of accumulative total computation is different. According to explicit provision of the amount of accumulative total computation, this article analyzes its carrier and the theoretical basis and the scope of judicial application, and processing of common situations.The first part introduces the legislative evolution of the amount of accumulative total computation and reasons and the concrete embodiment in the current criminal law, following it deep description and analysis of the amount of accumulative total computation. Then it defines what is "several times",the nature of the untreated"behaviors,the nature of the untreated "behaviors" and the "time-limit"of the untreated behaviors.The second part mainly describes theoretical basis of the amount of accumulative total computation, for its theoretical basis, Academic field have many different doctrines. Such as doctrine of continuous crime, doctrine of a variety of integrate form,doctrine of degree of harm to the society, doctrine of special rules. This paper respectively analyzes and evaluates these types of doctrines, and put forward doctrine of the continuous action which think that essence of the amount of accumulative total computation is One-time evaluation of a lot of behavior.The third part mainly introduces the applicability of the amount of accumulative total computation. First, This paper discusses the scope of the amount of accumulative total computation, then analyse and discuss four common problems which it exists in judicial application.Those problems are amount accumulative total of stealing the same property repeatedly and The total amount of crime of selective accusation and The total amount of crime of serial crimed behavior and amount accumulative total which crosses region and crimes repeatedly.