On The Judgment Of The Singularity Of The Behavior In The Crime Number And Competition Theory

How to determine the behavioral singularity in the crime number and co-opetition theory is a long-term unsolved problem in China's criminal jurisprudence theory.There is not much discussion on this issue in the academia,and only some of the theoretical achievements are not discussed enough.The determination of the behavioral singularity is of great significance to the definition of the number of crimes,and the clarification of one crime and several sins.Therefore,it is necessary to conduct more in-depth discussion.The article is divided into five parts:The first part introduces several representative behavioral singularity criteria and points out its problems.Specifically,there are three questions:First,the judgment criteria are not compatible with the relevant theoretical systems.Including the problem of incompatibility between the criterion of behavior singularity and the entire system of crimes,and the incompatibility between judgment criteria and some theoretical details.Second,related factors in the determination of behavioral singularity have not been integrated.Some doctrines point out that multiple factors need to be considered when judging the behavioral singularity.However,there is no detailed discussion on how to make comprehensive judgments on multiple factors,leading to difficulty in determining the behavioral single number.Thirdly,there is no detailed discussion on the criterion of behavioral singularity from the substantive level.Some of the theories do not elaborate on their end point,and they do not clarify what the substantive basis for the relevant judgment criteria is.Therefore,it is reasonable to refer to why the theory itself is involved.Other theories are When such problems are flawed,the relevant theories are often unclear.The second part discusses the general logical path and basic principles that should be followed in the judgment of behavioral singularity.From the perspective of extraterritorial theory,the standards for determining the number of behavioral singularities in different systems are quite different.At the same time,extraterritorial theories all show a strong purpose in their construction.In Japan,the judgment standard for behavioral singularity is basically constructed on the basis of a sinfulness of imagination and competition.In Germany,there are also cases where the number of acts is reversed based on the amount of penalty.Extraterritorial theories present a strong systematic and purposefulness.Judgment of behavior singularity must follow the principle of systematization and systematization,so that the criterion of behavioral singularity does not cause confusion and contradiction after entering the relevant crimes number and competing system.Then we also need to follow the principle of the purpose of compatibility,because the purpose of the crime number and competing theory is to realize the rationalization of the penalty.As an integral part of the theory,the judgment of the behavior singular must also obey this goal.Only by following these two principles can we avoid the confusion of the theoretical system and the lack of substantive support for the theory.Since the judgment of the behavioral singularity must follow the principle of systematization,the related theory must be developed under the specific theoretical system of crimes and competitions.Obviously,different theoretical systems should adopt compatible behavioral singularity judgment standards.Therefore,the third part discusses the criteria that should be adopted in the crime number theory.Relatively mature theory of the number of crimes is usually divided into simple one-off sin,law and order,co-consistency,one-offence,one-off offense,and several offenses.The sin of co-existence and the existence of the law exist because of the connection of the law itself,so the singular and plural of the number of acts does not affect the judgement of these two forms of sin.The criminal offense consists of imaginary co-occurrences and implicated offenders.The behaviors of these two types of crimes are different in terms of singularity and plurality,and the number of crimes that are punished is also a number of behaviors.Therefore,the existence of imaginary co-occurrences and implicated offenders should be regarded as an act singularity.The base point of the judgment.According to the theory of the number of crimes on the system structure and the existence of the relevant crimes form of existence,this section proposes a method of judging the number of illegal-to reduce judgments-to prevent the need to reduce the judgement of the three-step behavior singular judgment method.The fourth part briefly discusses the behavioral singularity judgment criteria under the competition theory system.The German-style competition theory has three modes of competition,imagination competition,and real competition.The competition between law and competition and imagination are all one behavior and can only be sentenced to one punishment,while the substantive co-convergence is Acts,the legal consequences of which are several crimes and penalties,so the judgment of the behavioral singularity under the concurrence theory system is in fact the judgement of the number of crimes in the meaning of scientific punishment,and all criminal forms that can only be sentenced to one penalty should be included in the behavior number.Its scope is wider than the number of behaviors under the system of sin theory,and the implicated persons considered as two acts in the theory of number of crimes should also be included in the number of acts.The fifth part is the rest of the discussion,discussing a special form in the theory of sin and co-competitiveness—the judgment of the number of behaviors of imaginary co-occurrences with the effect of clipping.For example,there is a coincidence between the third crime and the subject of evaluation of the two crimes in this relationship.The object of evaluation of the two crimes in the relationship of punishment does not appear to be a coincidence that they need to be regarded as a behavior.Therefore,it seems that they need to be regarded as two behaviors.However,the offense of the third crime makes the three crimes enter into the imaginary competition relationship.In order to take into consideration the principle of prohibition of repeated evaluation and the principle of comprehensive evaluation,the principle of judging the number of floating behaviors should be adopted.If the crime is not considered,it is regarded as two behaviors.When considering the crime of the clip,it is regarded as a behavior,and the punishment is taken as a crime.The guilty of entering into an imaginary co-existence relationship with the crime of the whole and the clip,and the penalty for the punishment of the two crimes and the punishment for the punishment of the punishment of the crime,shall be applied with a heaviness.