The Classification and Form of "Repetitious Acts"
|School||East China University of Political Science|
|Keywords||“repetitious acts” legislativeclassification rationality judicial determination|
There is often happens the perpetrator repeatedly implement the samekind of criminal acts, causing serious consequences in the judicialpractice. In order to fight against such repeatedly implementationeffectively, our criminal legislation had typed some part of the“repetitious acts”.The current Criminal Code has16clauses about “repetitious acts”.At the same time, judicial interpretations which have been refining andtyping it to guilt or plot description are more than50. Although in theprocess of typing behavior, the Criminal Law and judicial interpretationshave been using the same words, but the meaning of “repetitious acts”in the different criminal law provisions and judicial interpretations isvery different. Some refers three or more than three crime acts, somerefers three or more than three illegal acts, some refers twice or morethan twice illegal or crime acts. Although there are a considerable numberof “repetitious acts” provisions in both Criminal Code and judicialinterpretations, the most scholars are confined to traditional studyabout object of the crime. So “repetitious acts” typed study is veryrare. Currently, some scholars have studied “repetitious acts” phenomenon, there are two relatively mature theories. One is from theeffects of composing essentials; another is from the theory of quantityof crime. Additionally, different scholars have different opinions onrationality of the “repetitious acts” legislative model. There arepositive and negative two attitudes. The significance of collecting andresearching the “repetitious acts” legislative model is breakingthrough traditional criminal classification, with a new perspective totype the special provisions in Criminal Code.The article is divided into four parts. The first part is an overviewthe history of “repetitious acts” criminal legislation and its meaning.This part retrospects the establishment of the “repetitious acts”legislative model in our country and interprets the meaning of“repetitious acts” to deep the “repetitious” understanding. Thesecond part classifies the “repetitious acts”. Based on the existingclassification theories, the article reclassifies the behavior in bothCode and judicial interpretations. The third part defines the legislativemodel of “repetitious acts” and inspects the rationality of thislegislation. Firstly, the article summarizes characteristics of the“repetitious acts” legislation to define this legislative model.Secondly, comparing with foreign-related legislation, the articledemonstrates the rationality of “repetitious acts” legislative modelin the Criminal Law. The last part is about the judicial determinationof “repetitious acts” and thinking of this legislation. On the one hand,based on the judicial practice, the article analyzes the problems aboutrepetitious acts in common crime, unfinished form of crime and period ofprosecution. On the other hand, from the view of legislation, the articleanalyzes the criminal development concept under the “repetitious acts”model and points out some deficiencies of judicial interpretations.