Study On The Crime Of The Many Violations Of The Personal Rights

Many implementation same races infringe upon the behavior of Human body right to mean, behavior person according to several same crimes carry out several invasion Human body right behavior intentionally, several behavioral property homology, violated the criminal offence of same criminal charges.Usually under the circumstance, behavior the person’s several of same race invasion Human body right behavior don’t have connection, as a result establish of same race few offenseses.But under the special circumstances, the of several behavior may exist various contractual relationship, whether establish of same race few offenseses, the educational circles knows to this different.The writer thinks that offense number and criminal charges number are two different concepts.Many invasion others Human body right crime, as long as behavior the person is subjective to up have the crime of same invasion others Human body right for many times intentionally, carried out property same criminal offence for many times, match much basic crime composing of invasion with same Human body right, violated much invasion with same Human body right crime, it has already constituted of same race few offenseses on the principle.In addition, have scholar advocated to infringe upon many people to behavior person’s behavior of the of same race Human body right should also see as the of same race few offenseses, the writer thinks this kind of only will infringe upon the amount of method benefit as standard to take into to settle sex, disobeyed a host and guest view mutually consistent principle, because of behavior person only have behavior, should still be regarded as1to commit crime.Basis our country penal code say, should practice few offenses to different race few offenses and punish, but to the of same race few offenseses should be decided with an offense still should count offense and punish, the penal code educational circles is to this understanding that hasn’t been unifying.Know to all, probably need to carry on few offenses under three kinds of circumstances and punish:One is sentence before announcing one criminal few offenses of and punish;Two discover to have after verdict announces, before penalty performance complete leak offense of and punish;Three is verdict to announce after, before penalty performance complete, be sentenced of the crime member make new offense again of and punish.To the second and the third circumstance, the verdict has been already announced and have no not appropriate, can pass and punish solution problem.Under the first circumstance, to the verdict one person infringes upon others for many times before announcing of same race Human body right crime, our country the penal code educational circles mainly have a to punish to say, and punish to say and compromised say three kinds of standpoints, a punish to say assertion all with one offense theory place, and punish to say assertion all few offenses and punish, compromised say the distinct circumstance of assertion treats respectively.The writer thinks that the Human body right is personal exclusive method benefit, should take into a special protection, at infringe upon can not easily admit making in a row in the Human body right of establish, at the same time one offense one Xing and behavior responsibility theory and fair quantity penal and basic principle, also come to a decision of same race to many invasion otherses Human body right crime, should with in the few offenses combine punish for principle, just explain according to different details and the law and the related judicatory under the exception circumstance of rules assurance number and punishment principle, although practice in not and the circumstance for punishing is more,also can explain the exception circumstance is more and measure of the size can not influence an establishing of principle.Is concrete but the speech is to should count offense and punish or with one offense theory place.There being necessity taking into is analytical to many exception circumstances of principle and induce and enumerate and put forward under the different condition of decide a method, in order to in the fulfillment norm judicial behavior.Announce the behavior person in past to carry out of same race Human body right of several invasion otherses to the verdict, should carry on and punish of situation.Mainly have:On being the legal Xing that is to infringe upon Human body right a crime to only have a range, and the tallest legal Xing is lower;Two is infringe upon Human body right although the crime has the legal Xing of two above ranges,not the ability raises legal Xing because of many behavior;Three was a criminal charges of judicial explanation assurance to include two kinds of different crimes, but behavior the person carried out the criminal charges under of two kinds of behavior of different types;Four is that time of being separated of several of same race invasion Human body right crimeses is longer;Five is be many invasions of same race Human body right, one among the behavior or several behavior to exist to imagine Jing to match;Six is be many invasion of same race Human body right, one among the behavior or several behavior existence to embroil a relation.The behavior person who announces a past to the verdict carries out of same race Human body right of several invasion otherses, should with an of situation.Mainly have:One is behavior person to infringe upon same people’s of same race Human body right in a row;Two is the penal code cent ruling in explicit are a legal Xing many behavior to promote details;Three is many behavior can be regarded as "details severity" or"details are special severity";Four is infringe upon Human body right to many implementation behavior rules of the tallest Xing is heavier;Five is many behavior conduct and actions to establish criminal composing important item.