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The punishments of discontinued criminal

Author: LiuChang
Tutor: HuangWeiMing
School: Yantai University
Course: Criminal Law
Keywords: discontinuance of crime Constitutive elements of crime Act ofsuspension Determination of joint crime Punishment system
CLC: D924.11
Type: Master's thesis
Year: 2013
Downloads: 24
Quote: 0
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As a kind of inchoate conformation, the peculiarity of discontinuance of crime isthat the discontinuance of crime should be out of the conductor himself, and just atthis point, the discontinuance of crime differs from other kinds of inchoateconformation.Along with the world’s criminal theory evolve from objectivism tosubjectivism, Discontinuance of Crime has become an important criminal system,which is generally established by many countries’ legislation. At the same time intheory and practice, the various problems and doubts discontinuance of crimefollowed. In order to China’s development and application of the discontinuation ofcrime theory plays a certain positive role, this paper attempts through the comparisonresearch method and theory with practice, discussing on problems of crimesuspension in conviction and punishment process,This paper is divided into four chapters, about forty thousand wordsThe first chapter: Analysis of discontinuance of crime suspension. Therepresentative countries and regions of some of the criminal law on thediscontinuation of crime, and introduced the concept of legal texts. Based on thecomparison and analysis of the derived concept, discontinuation of crime areClassified. According to China’s criminal law on the legislation of discontinuation ofcrime, then summarizes two aspects of discontinuation of crime constitution andfurther on each element is respectively discussed from the viewpoint of subject andobject, and makes a detailed explanation on the controversial issue in the academiccircle.The second chapter: the recognition of individual crime discontinuation of acrime. In order to better in the practice of the discontinuation of crime correctlyidentified, based on the classification based on suspension of discontinuance of acrime before part, detailed analysis of the positive and negative discontinuation ofcrime in the development stage of different process should be how to determinecrime.The third chapter: after studying the single crime discontinuance of crime, andstudied in the common crime discontinuance of crime cognizance. The article on the common crime in our country present situation of crime termination of the reflection,elaborated the domestic and foreign related crime discontinuance of crime cognizancestandard theory are reviewed. Based on the support force said, suspension ofaccomplice human behavior are classified as.The fourth chapter: introducing the punishments of discontinued criminal system.This paper first briefly introduces the various countries about the discontinuance ofcrime punishment legal text, secondly, further focuses on the evaluation of civil lawabout the discontinuation of crime punishment according to the theory of. Based onabsorbing foreign advanced legislative experiences and ideas on, unifies our countrycriminal law theory, the discontinuation of crime punishment according to putforward their views. Finally, based on the above analysis and discussion for thepunishments of discontinued criminal system, the article on China’s discontinuation ofcrime punishment system for reflection and put forward related suggestions oflegislation, so as to make it more scientific, reasonable, better to avoid confusion inthe judicial practice.

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