On The Comprehensive Evaluation Principle Of The Crime Number Shape

Comprehensive evaluation principle in theoretical research in China is less,in the theoretical circle of our country,the research on the principle of comprehensive evaluation is relatively scattered,and there is no systematic study,and most of them are found in the discussion of imagination co-conspirators and legal competition.Moreover,there is no consensus or even a clear understanding of this principle,which can easily lead to the unreasonable punishment of conviction in the theory of crimes.,therefore,the author attempts through the principle of comprehensive evaluation in crime number form,make a clear definition of the concept of the principle characteristics and its related specific problem,thus better to apply the principle of legislation and judicial practice.In addition to the introduction and conclusion,this paper divided into four parts:The first part: the comprehensive evaluation principle and the crime number form outline.The first is the basic theory of comprehensive evaluation principle.First,it discusses the origin of the principle of comprehensive evaluation.The second is the concept and characteristics of the comprehensive evaluation principle.There are five different views on the concept of comprehensive evaluation principles,most of which are not comprehensive.In the author's opinion,the comprehensive evaluation principle refers to the legal benefit that should be comprehensively and fully evaluated in the legislation and judicial practice of criminal law.The characteristic of the comprehensive evaluation principle is that the principle of comprehensive evaluation applies not only to several behaviors but also to one behavior;The second is not only the adverse factors but also the favorable factors;Its comprehensive evaluation does not equal to the full application.First,is the comprehensive evaluation principles,the theoretical basis of the comprehensive evaluation principle reflects the protection function of criminal law,also reflected the principle of a legally prescribed punishment for a comprehensive evaluation principles,a comprehensive evaluation principle but also embodies the principle of adaptive principle.Second,the legislative basis of the comprehensive evaluation principle is the most direct embodiment of its legislation.Comprehensive evaluation is not equal to repeated evaluation,which is the most fundamental cognition of the principle of comprehensive evaluation.Discusses the comprehensive evaluation principles and banned evaluation principle,the relationship between the author thinks that the comprehensive evaluation principle is the premise to carry out ban repeated evaluation principle,principle of comprehensive evaluation in order to better reflect the offender is infringement of legal interests,at the same time to ban repeated evaluation principles provide the foundation of evaluation.In a sense,the principle of comprehensive evaluation is more important than the prohibition of evaluation.The status of the principle of comprehensive evaluation is also discussed.This paper mainly discusses four different viewpoints: first,the principle of conviction and sentencing principle;the principle of conviction alone;Fourth,it is the principle of legislation and justice.The author agrees with the fourth one,which is not only a legislative principle but also a judicial principle,which must be carried out in the legislative and judicial process.The second is the description of the number of crimes.Crime number form contains both the composition of crime number,and the punishment of the crime number,both involving crime theory content,and involves the penalty theory content,in the conviction and sentencing both based on justice is the important theory could not avoid.There are some defects in the classification of crimes in the theoretical field of criminal law in China,which also leads to many controversies in the theory of the number of crimes in China.Part two: the essence of the comprehensive evaluation principle in the form of crime.The first is a comprehensive assessment of conviction.The principle of comprehensive evaluation is not only a result of the evaluation principle,but also a process evaluation principle in the process of evaluation.The author believes that not only should the results of conviction be comprehensively evaluated,but the final declaration should cover all the legal interests that the actor has violated.It also needs to be fully evaluated in the process of conviction.Through comprehensive evaluation,the author enumerates all the legal interests of the offender,and provides the object and scope of the evaluation for the prohibition of repeated evaluation.The second is the comprehensive evaluation of sentencing.It is not only necessary to make a comprehensive evaluation on the declaration of crime,but also to make a comprehensive evaluation on the application of penalty.It is necessary to evaluate the main legal interests as well as the secondary legal interests.In the case of sentencing,it is necessary not only to make a reasonable evaluation of the heavy plot,but also to make a reasonable evaluation of the broad plot.It is necessary not only to make a reasonable evaluation of the legal plot,but also to make a reasonable evaluation of the circumstances.The third part: the implementation of the principle of comprehensive evaluation in the form of crime.According to the essence of the number of crimes,it can be classified into substantive one,including the legal competition,the recidivist,the recidivist,the aggravated offense,the combination of the crime,the serial offender,the serial offender,and the conversion;A substantial number of crimes,including the imagination of the concurrence,and inclusion.The author agrees that the law of the object which can comprehensively evaluate the behavior is the law of the most comprehensive evaluation of the crime of behavior.In particular,both the whole law and the special law are given precedence over the common law.The recidivist,who considers it to be a sin of substance,is,of course,broken only by one crime,that is,from a felony.Continue to make,and continue to make the behavior of from beginning to end is a behavior,according to the same law,based on the comprehensive evaluation principles clearly belong to the essence of a crime,although to a crime punishment,but the length of time to continue and means should be comprehensive consideration on the sentencing.Aggravated consequential offense,the author thinks that belongs to a crime,the aggravated consequential offense aggravating the results appear in a certain extent,it is behavior person to pursue,even if is due to negligence,aggravating the emergence of the result is the basic behavior to pursue the results to some extent by the deviation,aggravating the results did not independence from basic behavior exist,aggravating result when associated with basic behavior.In the present criminal legislation of our country,it is not necessary to set up a combined crime.Collective crime is a sin of substance.A serial offender,on the basis of the same or general purpose,shall be punished with a crime for a crime of substance.Transgressions,in essence,should be a sin of substance.Imagine the concurrence of the concurrence,in theory there is a substantial crime to say,the actual count of crime,the crime of the criminal law and the four propositions of the law.I agree with the essence of the crime.There are four main principles of the fault-breaking principle of the concurrence,from the principle of breaking the principle,the principle of union,the principle of breaking the principle and the principle of punishment.Based on the crime of substantive count,the author agrees to take several crimes and punish them.Implicated offense,based on the principle of comprehensive evaluation,we believe that implicated offense is a substantial number of crimes.Correspondingly,the punishment principle of implicated offense should also be punished according to several crimes.An inclusive criminal,who has carried out several ACTS,infringes several legal interests,is a substantial number of crimes,and deserves to be punished for several crimes.The fourth part: the problem and perfection of the principle of comprehensive evaluation in the implementation of crime number form.The first is the problem that the principle of comprehensive evaluation exists in the implementation of crime number form.In crime number form on the whole there are two problems: one is the lack of consensus theory level,the second is in the general provisions of criminal law in our country is not about any provision in the form of crime number,and even in the specific provisions for the regulation of certain crime number shape also appear inconsistent.In the form of specific crimes,imagine the concurrence crime,in the traditional theory,it is not only in practice,but also not supported in legislation.In the legislation,the criminal legislation in China has a contradictory phenomenon.In judicial practice,it is common to imagine that the concurrence of concurrence is punishable by heavier punishment,which is contrary to the principle of adaptation.In the legislation,the criminal law also prescribes different punishment methods for different crimes,resulting in the contradiction between the provisions of the criminal law and the confusion in the judicial practice.The second is the perfection of the principle of comprehensive evaluation in the form of crime.The author puts forward that,in the theoretical level,the comprehensive evaluation principle should be re-examined and the relationship between it and the principle of prohibition of repeated evaluation should be reviewed.On this basis,based on the principle of comprehensive evaluation,the essence of the crime number form and its punishment principle are redefined.Secondly,in the second chapter of the general provisions of criminal law,there is a special form of crime.In this section,the various types of crimes are separately listed as one,specifying its connotation and its penalty principle.At the same time,it is thought that the concurrence crime should theoretically insist on the substantial number of crimes,which should be punished with several crimes.The implicated offense should theoretically insist on the crime of substantial count,and impose a number of crimes,and stipulate in the general provisions of the criminal law.The inclusive criminal should stick to the substantive count of crimes and unify the criminal law.