The number of crimes is sorted out, what is the form of the number of crimes, one crime and several

The competition of laws has nothing to do with the form of crime, and is purely a matter of application of law.

The so-called aggravated offense refers to a form of crime in which the punishment is increased due to the occurrence of a more serious result provided for by law. 1. The standard of conduct theory: It is believed that the essence of a crime is an act, so the number of acts is used as the standard, and several acts are committed.

Defects: The results are not taken into account, the subjective aspects are not taken into account. 2. The legal benefit standard says:

It is believed that the essence of a crime is the infringement of legal interests, so the number of violations of legal interests or the results of the crime is taken as the standard. Personal rights are calculated by the number of people, and property rights are calculated by the number of managers. Defects:

It is easy to think of several consequences of a criminal act as multiple crimes. 3. The standard of criminal intent: If a criminal act is carried out under the control of a person's subjective criminal intent, the criminal intent should be used as the standard, and the perpetrator commits a crime based on one criminal intent, and one crime is established, and committing a crime based on several criminal intent is a number of crimes.

Emphasizing the subjective aspect alone can easily lead to subjective imputation. 4. The standard of constituent elements: that is, the constituent elements are taken as the standard.

The constituent element is the unity of subjectivity and objectivity, which overcomes the one-sidedness of the above-mentioned viewpoint. The constitutive elements are the criminal composition of each specific crime provided for in the Criminal Law of the People's Republic of China, and the conduct has one crime to constitute one crime, and several crimes to constitute several crimes.

Article 69 of the Criminal Law of the People's Republic of China where a judgment declares that a person has committed several crimes before, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum shall not exceed 25 years where the total sentence is 35 years or more. Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.

Where there are several crimes where a supplementary sentence is given, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately.

Legal Analysis: A crime to be punished refers to a form of crime that essentially constitutes several crimes, but is punished as a crime by the judicial organ because of its characteristics, including serial offenders, implicated offenders and absorbing offenders. "Consecutive offenses" refers to crimes in which several criminal acts of the same nature are carried out consecutively and the same crime is committed with the same or generalized criminal intent.

"Accomplice" refers to a crime committed for the purpose of a crime, and the method or result of the crime is committed by another major crime. Absorption is a crime in which one act absorbs another in several different acts, and only one crime of absorption is established.

Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.