Criminal Law on the Construction of the idea of ​​automatic recovery action theory

[Abstract] automatic recovery actions are implemented after the crime, an accomplished make up the behavior of Criminal negligence, is a penitential act after the crime, as have their meritorious service with the surrender value may exist, through its legislative proposals have to study.

[Papers keyword] automatic recovery, concepts, legislation
... Kind of automatic recovery actions are Criminal acts after the Accomplishment of that act the person committed the crime, the subjective positive and timely initiative for their crime against a restitution or to compensate for the positive, eliminate or reduce the automated damage caused by Criminal acts. * Accomplished crime after crime in the implementation of the automatic recovery of the behavior of the offender to show that the subjective and the personal danger with the resumption of the vicious acts of voluntary, has been a significant reduction or elimination of . not only have equal value and crime where suspension, the automatic recovery actions on the maintenance of social interests far better than crime to stop. Since the vicious perpetrators of crime reduction, the corresponding penalty must also be a corresponding reduction, which is consistent with crime and punishment principles embodied.

Because the perpetrators of the rights and interests of different forms and different recovery levels and recovery of such crime, the harm caused by the former line are not the same degree, to automatically restore the legal acts on can be relatively free to make some of the provisions, allowing the judge more discretion. on the automatic recovery actions on the legislative building and the disposal of the offender or the sentence should be as much as possible to light, the principle of broad requirements, for those who really have been completely eliminated dangerousness of the offender, to moderate-free punishment or penalty to the use of civil disputes to resolve these issues.

Automatic recovery actions according to different types of penalty provisions of the appropriate magnitude, the magnitude of the different leniency within the Department, such as a felony of the automatic recovery actions that the statutory rate will increase less than the statutory misdemeanor. Felons dangerousness and its vicious will is greater than the subjective misdemeanor, like the dangerousness of intentional injury is greater than the general will of the dangerousness of embezzlement. Although the same after the crimes have taken a proactive remedy acts automatically restore a felon's actions do often have more than ideological struggle misdemeanor, even if a lot of personal danger and subjective reduction of malignant, but the original dangerousness is large, it can not be arbitrary to be mixed up. for the legislation, according to China's Criminal legislation in a reasonable requirement, you must first logical behavior of the theory is introduced will automatically restore into the Criminal Law, as a state criminal Laws and regulations:
First consideration should be the norm with the ask a specific crime and articles of the Penal Code and the subsidiary internal and criminal Law, whether one-way between the various provisions of the Criminal Code can be co-ordination, co-ordination.

Second, there is predictability. For the purposes of criminal legislation, the introduction of automatic recovery action theory requires that the main criminal legislation, which was created to make the perpetrator of criminal Laws and regulations of their own behavior accordingly caused to predict accurately the consequences of criminal Law, Jane made The automatic recovery of legal norms in criminal behavior adjustment should have known of. automatic recovery actions in the criminal legislation should reflect the requirements of this form of rationality, we must do two things: (1) the application of automatic recovery actions reasonable (2) automatic recovery actions in a different configuration reasonable penalty for sin in.

Finally, legislation must have a workable, that is, laws and regulations in their operation in criminal law may be, will not be wanton, or stand without the abuse, which is the automatic recovery actions in the specific feasibility of judicial practice.

In summary, in the General Penal Code provisions on the use of special act to provide for automatic recovery. Since it is the same crime, the suspension equal to the value of the local behavior can be suspended by provisions similar to the crime in the twenty-four on the suspension of criminal law General criminal After the increase in the terms of the provisions of automatic recovery actions, provides as follows: "In the expression for a crime after the fact was found at the crime before the act against the interests of people give up, and the effective implementation of effective recovery or compensation is automatic recovery . for the automatic recovery actions, there is no harm, can be reduced or exempted from punishment, harm, can be reduced or lighter punishment. "
Automatic recovery in the general provisions of the act provides for a better summary, so that the logical nature of criminal legislation, predictability, and operational. On the specific crime operation guidelines can play a good role. To put the provisions of the concept of Among the general principles will be very expansive, such a provision does bring more to the judge the discretion to help auto-recovery behavior of the application of more accurate and reasonable. If the words on the too abstract to understand can lead to not thorough, or even misinterpreted ambiguities, not only in judicial practice, there will be potential for abuse, there may be a judicial loophole. because of the automatic reinstatement of the coverage is not as big as the crime, the suspension, but also the terms of general principles out of fear too The system has become fuzzy or decorations may be, need to find a more robust way to set up the system: that is, the specific practices in the sub-recovery behavior of which will be automatically added to, and clearly define their legal leniency of the plot, with specific criminal law provisions to aid automatic recovery actions in the General Theory. Links http://www.hi138.com Research Papers Download
Dual mode of building legislation, such as automatic recovery of criminal acts of theft, you can steal in the second 百 sixty-four public or private property, the amount of large or multiple theft, imprisonment, criminal detention or control, concurrently or a fine, the amount is huge or other serious circumstances, three to ten years imprisonment and a fine, the amount is especially huge or other especially serious circumstances, term imprisonment or life imprisonment a fine or confiscation of property. After add: "For the consummated crime of theft, the crime that was discovered before the actors take the initiative to give the proceeds of crime, and return all illegally acquired property, and can reduce or lighter punishment."
In accordance with the provisions of criminal law in this case in the present to establish such terms, the provisions of sub-type has the advantage of clear and specific, easy to operate in the administration of justice. But pure sub-word processing on the first legislation was too complicated. There may be some of the emerging the crime situation there is a lag, would not achieve the effect of modifications. Links to Research Papers Download http://www.hi138.com