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Zhang Pingshou, Study on Losses of Stopping Infringement in Criminal Law

source:法学院   The author:法学院   time:2021-01-07

Abstract: There is a confusion in criminal justice practice caused by conflicting contents,lack of clarity and weak operability of judicial interpretation in the process of dealing with losses caused by stopping infringement.The losses of stopping infringement are caused by criminal acts, therefore should be included in the elements of conviction and sentencing. But there are also many problems in its application.The non-controllability of offender to losses of stopping infringement makes its accountability and responsibility questionable. There are conflicts between the uncertainty of losses of stopping infringement and the clear requirement of the harmful criminal consequence.Complicated causes of losses of stopping infringement determinesthat it is unfair to make the same treatment to different losses of stopping infringement in conviction and sentencing.The judicial treatment to losses of stopping infringement should be oriented by both legal interest protection and right protection, and some principles should be established. These principles include the principle of excluding indirect economic losses in losses of stopping infringement,the principles of reasonableness about losses of stopping infringement which consist of the principle of identification of losses, nonrepeatability evaluation of losses and appropriateness of losses, and the principle of offender's possible awareness to losses of stopping infringement.

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Academics &Research

Zhang Pingshou, Study on Losses of Stopping Infringement in Criminal Law

法学院 · 2021-01-07

Abstract: There is a confusion in criminal justice practice caused by conflicting contents,lack of clarity and weak operability of judicial interpretation in the process of dealing with losses caused by stopping infringement.The losses of stopping infringement are caused by criminal acts, therefore should be included in the elements of conviction and sentencing. But there are also many problems in its application.The non-controllability of offender to losses of stopping infringement makes its accountability and responsibility questionable. There are conflicts between the uncertainty of losses of stopping infringement and the clear requirement of the harmful criminal consequence.Complicated causes of losses of stopping infringement determinesthat it is unfair to make the same treatment to different losses of stopping infringement in conviction and sentencing.The judicial treatment to losses of stopping infringement should be oriented by both legal interest protection and right protection, and some principles should be established. These principles include the principle of excluding indirect economic losses in losses of stopping infringement,the principles of reasonableness about losses of stopping infringement which consist of the principle of identification of losses, nonrepeatability evaluation of losses and appropriateness of losses, and the principle of offender's possible awareness to losses of stopping infringement.