On The Determination Of The Number Of Crimes In Implicated Acts

The determination of the number of crimes implicated in the conduct is an important part of the field of criminal law.Currently,only a few countries in the world have their criminal codes defined in their criminal codes.There is no relevant content in the general provisions of China’s criminal law,but some sub-provisions stipulate the determination of the number of crimes of implicated acts.Different and theoretical differences in the concept of implicated acts and the number of crimes stipulated in criminal legislation have caused confusion in the judicial determination of implicated acts.It is of great theoretical and practical significance to study the judicial determination of implicated acts.The concept of explicit implicated conduct is preceded by the determination of its guilt.Implicated acts have a duality of subjectivity and objectivity,objectively implicated acts are several acts that independently meet several constituent elements,and several acts commit several different crimes,and there is an intrinsic connection between means and ends or causes and results;Subjectively,the perpetrator has the ultimate goal of committing a certain crime,and knows that there is a relationship between means and purpose or cause and effect.Since criminal acts are the organic unity of subjectivity and objectivity,it is necessary to consider whether there is an implicated relationship between several acts in combination with the subjective intention of the perpetrator and objective behavior.According to whether the legal interests infringed by several acts can be uniformly evaluated,the implicated acts are divided into implicated acts of the same legal interests and implicated acts of different legal interests.The infringement of the same type of law and benefit belongs to the same type and has the same carrier,and the infringement is based on a final criminal purpose,is a one-time overall infringement,can be evaluated as a legal infringement,and should be recognized as a crime based on the requirement of the principle of prohibiting repeated evaluation;The degree of objective harm is relatively light,the subjective malignancy of the perpetrator is small,and only by determining that it is a crime based on social harmfulness considerations can the crime be compatible with the punishment.If it is recognized as a crime,the evaluation of legal and beneficial infringement will inevitably be omitted;The subjective malignancy of the law-benefit heterogeneous implicated behavior is greater than that of the ordinary crime,and the degree of objective harm is comparable to that of ordinary several crimes,and the identification of one crime will result in an abnormally light punishment and does not conform to the basic principle of proportionality of crime and punishment,so it is appropriate to identify it as several crimes for the law-benefit heterogeneous implicated conduct.