Research Of The Nature Of Giving Up Repeated Injurious Conduct

The issue of giving up the repeated injurious criminal conduct has been one of the controversial topics in the academic circle.In the first part of this paper,the relevant characteristics and definitions of the repeated injurious criminal conduct are elaborated in order to clarify what kind of crime the repeated injurious criminal conduct includes.The second part focuses on the analysis among the academic community of the nature of the repeated injurious conduct,which includes the discussion of different views and opposition ideas.The third part analyzes the causes of the different theories on the repeated injurious criminal conduct,and come to the conclusion that the China's criminal law article 23 and article 24 and their overlap in connotation are the roots of the differences,this paper argues that crime stop theory fails to properly solve the controversy.The fourth part is the conclusion part: the appropriate theory has to resolve the problem on the basis of the nature of these crimes,the logic of argument is: firstly,analyzing the pros and cons of different punishment rules and their different focus,then analyze which emphasis should be given more attention,the conclusion of this paper is: the appropriate treatment of the repeated injurious criminal conduct is to give the criminals mitigated punishment,however they cannot be exempted from punishment.On the basis of confirming the reasonable sentencing rules,this paper further analyzes the qualitative problem of the repeated injurious criminal conduct,and concludes that it is appropriate to consider it as abandonment of crime.It is proposed in the last part an amendment of "criminal law" article 24,the logic is: taking a mitigated punishment for the repeated injurious criminal conduct will cause some problems and may lead to potential conflicts on the theory and practice,and these problems are not to be resolved by interpreting,therefore,the author puts forward the "criminal law" article 24 amendments,as a way to solve the above problems.