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Morphology of the Common Criminal to Stop

Author: WuBo
Tutor: LiuXianQuan
School: East China University of Political Science
Course: Criminal Law
Keywords: Common crime Stop crime Crime constitution The principal offender Accomplice
CLC: D914
Type: PhD thesis
Year: 2010
Downloads: 710
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Abstract


The theory of Cessation of the form of stop common crime is an integration of the two theoretical cross of the form of stop common crime theory and the criminal cessation form. According to these two theories, its object is specific common characteristics of the crime and making the appropriate classification by the formation of particular crimes. Contents of the study includes not only the identification of different shapes of common crime, but also under a different form of common crime, stop crime, conviction and sentencing of participants. Connecting with the theoretical issues relative to the basic cover all levels of criminal law theory, throughout the study of the whole system of criminal law theory, the common forms of crime to stop crime, not only involves the basic principle of common crime, patterns of crime and other basic theories of criminal law, but also involves the study and handle of issues of the rule of criminal law, criminal justice discretion , so that the topics of the theory has a certain depth and research value. Studying the thematic of the form of stop common crime, to a certain extent, change the status quo of academic level of the theoretical problems of this study is not comprehensive and systematic enough.The basic theory of the form of stop common crime leads the whole article, as a general sense of the concept of crime patterns and common patterns of crime, crime patterns in the patterns of stop crime the positioning system as a logical basis, is based on the status quo of the development of criminal law and judicial application of basic theory, and determine the study on the three themes, namely "to define the form of stop common crime," "the form of stop common types and their boundaries," "conviction and sentencing the form of stop common"; on the other hand, according to the study for the academic status quo, author focuses on solving the theoretical problems in four fields: first, try to establish a theoretical framework of analysing the form of stop common crime, and the basic idea is that the framework should be adapted to domestic conditions, able to bring the local rule of law and resources into full play, and proper as well as strong analysis capability and practicality in logical structure; second, make effort to break through the explain-ism of Criminal Code, to explore how the distinction between perpetrator and accomplice binary system, as well as study identifing classifing limiting and penalizing the form of stop common crime and other problems; third, the positive thinking the application of the amendment of a theory of the crime constitution in of the stop common crime. A, strengthening theoretical arguments between itself and its links with the four elements crime constitution. B, analysing the amendments of criminal elements. C, improving the theory ; fourth, sort out and analyse the phenomenon of the "uncertain legal concept" in the study and make it as analysis point of view to explore ways to strengthen and improve the legislation and justice system function when it comes to the form of the stop common crime. The body is divided into four chapters:The first chapter is the theoretical basis of the form of the stop common crime. The existing body of research has been covering the crime of shape, guilt form, form of stop intentional crime, form of common crime, form of crime patterns amount and other related content. This chapter beginging with the exploration of the meaning of the form of crime, sums up the overview of theoretical studies the form of crime in order to sort out and clear the basic system of form of crime, common crime, to stop clear the system location of the form of crime in the theory. According to the article, based on the strong possibility of systems theory to build a constitution a form of systems, is essentially related crime with the conviction and sentencing constitutes a particular type of feature and is based on certain criteria with specific common categories of criminal conduct to form the corresponding forms. Therefore, different types of crime are still based on the theoretical basis of the elements that a crime constitution, while the difference between the types of crime form the main elements that a crime constitution is the difference between the elements. For the purposes of this article, the more valuable the study of morphological types of crime is the crime of standards should be divided into two basic types of crime forms and amendments to types of crime. The basic form of crime is composed of specific elements of the crime, the formation of a variety of forms of crime, these forms are a common form of crime and the basic form, which are called the basic form of crime. Revised form including the cessation of shape, the amount of common patterns of crime and crime forms. Such a division is based on what the legal logic is: basic commit mode shape is accomplished offence, a single criminal offenders and one (purely a crime), and the corresponding the form of amendments should be stop form, the amount of the forms of common crime and crime forms. Making the form of will-stop, the form of common crime and crime forms amount of amendments as a form of crime reflects the composition of crime in a unified theoretical system, a single act constituting of a crime by elements of the different elements of the characteristics of the formation of a special crime. The common forms of crime in the study, the participants should be taken to distinguish between a common crime, the system should distinguish between binary system in the context of the use of "complicity" and "perpetrator" concept, and the two dominant theory of crime should be taken to distinguish between them. Crime Stop is the essential feature of intentional form of crime "pause" , and the investigation of the deliberate crime investigation forms should adhere to the "static" standard; a form of crime is only a crime, and there has been a crime, not after the occurrence of another form of a crime.Chapter II for the common forms of crime constitutes a stop crime. This chapter is based on the relationship of the forms of common crime and crime constitution. First, compare the United Kingdom, the United States as the representative of the "dual" of crime on the system , Germany, Japan, represented by three classes of crime on the civil law system, and the former Soviet Union, China as the representative of the coupled system that constitute a crime under the theory of the form of the stop common crime positioning; Secondly, the article maintains that the theory of the four-element crime constitution is a historic choice, conforms to China’s national conditions, practical rationality, logic tight, with historical rationality, conforms to China’s national conditions, fits the understanding of the laws in line with the essential characteristic of crime; and is compared with Germany and Japan on the system of three levels of crime than the relatively stable, and suitable for China’s action model. It should select the "Four Elements theory" as an analytical form of stop common crime foundation. With the relationship of the forms of common crime, crime forms and a stop crime constitution , there is not a stand-alone stop common crime constitution. Revised based on the theory that constitute a crime, common crime, stop crime is essentially a form of secondary structure amendments.Chapter III is the completion of the forms of common crime. This chapter will use the principal offender and an accomplice in this binary distinction between the theoretical framework to describe the system of common crime theoretical system, and try in our four-element crime constitution under the theory of criminal use of the amendment constitution a theoretical analysis of the concrete realities of our country, exploring the theory and China’s Criminal Law legislation relevant content sub-outline of the. Details include: committing a crime elements and complete forms of judgments, the elements of crimes constitution and their accomplices to complete form judgments, the perpetrator, the punishment, and the principle of an accomplice. According to the article, perpetrator is the center of the forms of common crime, and punishment is the first time an object. Perpetrator of the completion of forms, it is guilty of criminal corrections consummated, is a common form of crime to stop one of the categories to determine whether to set up committing the completion of forms, and should be implemented by the behavior of the perpetrator the adequacy of the provisions of criminal law under the commission of an offence. The basic crime constitute a standard, taking into account the different types of crime. In addition to the main perpetrator of crime on the number of amendments to constitute a crime in addition to subjective and objective elements. There are also elements of the phenomenon of the amendment. The establishment of joint principal offender to complete forms, to the joint exercise of criminal conduct as necessary, in addition, should have the prerequisites for the establishment of a common crime, and, the composition of elements of the crime there are some elements of specificity. After analysis, the distinction between perpetrator and accomplice under the framework of the establishment of an accomplice should be subordinate to the principal offender, and adoptting the "accomplice from the property to say" in the "restricted subordinate form" is appropriate. The completion of an accomplice patterns can be further divided into instigator of the completion of forms and help offenders complete the form. In the form of an accomplice to the completion of punishment, on the basis of the establishment of the accomplices, for the punishment-based convergence point of view can be taken to amendment or compromise.Chapter IV is the form of a unfinished-common-crime research. unfinished-common-crime is consummated a separate form of the second amendment to the completion of more than a common crime forms and more complex, and unfinished-common-crime is very difficult to identify. The academic circle of the criminal law have not completed the forms of common crime and have also done a lot to exploration, but still there are many controversial issues. This chapter will begins from three different types of unfinished form of the boundary of sub-standard starting point to explore the preparation of common crime, shape, form, and attempt to suspend the boundaries of form. In preparation for the implementation of a common crime, preparatory acts of common crime, as co-perpetrators will not proceed for reasons other than the implementation of a common criminal acts to stop the state of a crime. The form of common criminal attempt refers to a participant in the implementation of a common crime. A crime has embarked on the process of crime, due to reasons other than the will of the perpetrator who did not succeed to stop crime presented by form, so as to achieve the behavior of the "pause" state. The suspension of the form of common crime is the participants of the common crime in the process of the implementation of crime decides the waiver of the suspension and automatic effectively makes the prevention of crimes happening, so as to achieve the behavior of the "pause" state. The investigation of the of the form unfinished-common-criminal, also need the reference to be consummated, and take into account the differences between the different types of crime, such as committing helping commit acts there, the results of previous convictions, and personally committed situation. In minute each stop state foundation, from“uncertain legal concept”the angle, decided after deliberation the power control to the judicature to propose the legislation control, decided after deliberation suggestions and so on datum and procedural control.

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