Research On The Criminal Law Function Of "post-criminal Remedial Behavior"

The criminal law norms set up two legal effects of mitigating and exemption from punishment for the perpetrator who takes the initiative to remedy the post-crime remedial behavior of losing legal interests after committing a crime.However,there are two different viewpoints in the academic circle: the former includes the attitude theory after the crime and the special termination theory;the latter includes the theory of the recoverable crime of legal interests and the similar theory,the theory of the positive behavior mode after the crime,and the theory of the cooperative mode of the crime.The negation theory aims to maintain the tradition as much as possible.The attitude theory after crime matches the position of the circumstances of discretionary sentencing,and the special discontinuation theory is integrated with the form of discontinuation of crime,but both of them fail to break out of the fence of conviction and exemption of punishment,and there is a risk of deconstructing the relationship between crime and punishment.Sure is spare no effort to innovation,the recoverability of legal interest said crime and the similar theory creatively puts forward the concept of reversible law benefit,after committing a crime is behavior patterns and criminal cooperation mode,using a functional view of the criminal law achievement,more than three innovation but considering the current system is insufficient,can't become a guidance of crime remedy behavior after the crime theory.Only by changing the way of thinking and adopting the reverse logic of criminal system,can we find a healthy way for the remedial behavior of crime after crime.According to this logic,the exemption from punishment means that the validity of punishment has been denied by the legislator,and then it is not necessary to investigate the perpetrator's criminal responsibility in the way of identifying the crime.This kind of systematic interpretation,which pays equal attention to both The nature of the punishment to be imposed and The nature of being punished,can also be found in the system of objective rationality abroad,which also provides theoretical support for the explanation of impunity.It should be noted that the limitless post-crime remedial action will result in the invalidate of the deterrent force of criminal law,which requires that the post-crime remedial action must be completed under the limitations of the post-crime remedial action itself,the limitations of the crime committed by the previous act,and the limitations of the crime mode.