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On the suspension of the common criminal perfect

Author: WangLiPing
Tutor: WangGuiPing
School: China University of Political Science
Course: Criminal Law
Keywords: Common criminal Crime Discontinuance Partial suspension Validity
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 413
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Abstract


The common crime abort problem is to suspend the intersection of two major theoretical theory covers the common theory of crime and crime. The theory of common crime is already one of the most complex problems in the study of criminal law theory, Crime Discontinuance for a different kind of state, has its own complexity, and thus this combination of common crime abort inevitably more complicated theory in the criminal process. Involved in the crime in the judicial practice, whether identified many, but China's criminal law but then common crime abort no specific provisions for suspension cases. No written laws are clear guidelines on the identification of common crime abort often only quoted a separate crime to abort the standard, that must have timing, automatic, thoroughness and effectiveness of such recognized standards and erase the common criminal abort alone Crime Discontinuance compared with particularity. Especially against the validity of the across-the-board identification methods, the to ignore common prisoner status in the crime, the role and capacity of the different, excessive requirements for certain offenses, many made to prevent the occurrence of crime results sincere efforts of crime does not have validity not abort the evaluation of the crime. This is not conducive to encouraging crime aborted, contrary to the original intention of the legislation of the establishment of the suspension system, does not conform to China's Criminal Law Crime adapt the principles and objective and subjective unity principle runs counter to the \Therefore, the study of the theory of common crime to abort, and improve the standard of common crime aborted identified through research, to conditionally expand crime aborted applicable solutions to common crime to abort the practical problems arising in the case, to avoid confusion in the administration of justice, this article The purpose of writing lies. Common crime abort facing the theory of divergent judicial confusion, the plight of the absence of legislation, therefore, I will text is divided into theoretical discussion, judicial perfect legislation to improve the three parts are discussed. The first part is a common crime aborted theory. Chinese scholars jointly crime abort many theoretical perspectives, \say and reasons force '. After analysis of these doctrines, combined with the basic provisions of our common crime and crime abort and learn from more mature foreign prospective suspend guilty of the theory and an accomplice from the theory proposed suspension of the establishment of a joint crime, must be in a separate crime to abort the basis of has its own characteristics, and creatively to suspend the validity of common crime into full force and effect and relatively effective two to expand the application of the stay. The second part is the the common the suspended judicial perfect crime. I common crime abort into full suspension and partial suspension were discussed. Due to the partial suspension of the situation is very complex, but also in the judicial practice most class, and thus I will ink focus on the partial suspension on. In accordance with the general classification of complex co-perpetrator, the author discusses the association to commit, Perpetrator help offenders and the instigator stop identification standard, and each category of crime people likely scenario analysis. Common crime often encountered, such as in the judicial practice of violence to achieve aborted aborted, the coexistence of Accomplishment, I also judicial refine this chapter to discuss and put forward to the perpetrator of the violence is a necessary condition to achieve aborted as the standard to determine the nature of the violence, as well as suspended under certain conditions, can co-exist with the Accomplished view. The last part of the legislation is a common crime abort perfect. Common crime suspend appear all the confusion, a large part from the legislation on the blank, therefore, a fundamental means to solve the problem is to improve the legislation. In this chapter, the author uses the method of literature research methods and comparative studies, the legislation of Germany and Japan and other countries on common crime aborted, and China's Hong Kong, Macao, Taiwan's legislature made a presentation on this basis, combined with China's actual , it is recommended that future legislation will jointly crime suspend and separate crime to abort separately provisions, and the introduction of quasi-suspend the guilty complicity from the theory, expanding the scope of suspension.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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