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Study on the Determination of Joint Crime

Author: LiuDan
Tutor: DengXiangRui
School: Hunan University
Course: Law
Keywords: Joint crime Crime determination Recognized standard Improvementsuggestions
CLC: D924.11
Type: Master's thesis
Year: 2012
Downloads: 34
Quote: 0
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Abstract


The theories on complicity and abandonment are very important and profound in thecriminal research. So In case of crime termination of joint offenders, There are twoconstituents, joint offenders and crime termination, to be considered integratedly. There is nocommentary to the PRC penal code on it. the standard of the suspension of crime alone isused in the judicial practice, which certainly causes confusion and doubt. And there exist allkinds of opinions.The legislation of our country although not on the common crime termination clearlydefined, but through the analysis of our country on the common crime and discontinuation ofa crime provisions can be drawn together the basic concepts and characteristics ofdiscontinuation of a crime. Overseas many countries（regions） on the common crime suspension madeprovisions,such as Germany, Russia, Macau and Taiwan and so on, have been studied in thispaper. Although there is no specific commentary to Japan penal code on the abandonment ofcomplicity, some Japan’s scholars have tried to make it good theoretically, especiallyDAZHONGREN who proposed the theory called “accomplice separating theory”. thestandard of the suspension of crime alone is generally used in our country. But this opinionhas been criticized that it neglects the differences between joint crime and alone crime. Sonew opinions have been proposed, such as “reasoning theory”(being payed more attention to)“individual abandonment” and” ensemble abandonment”and”cutting causation”(generaltheory)and so on. In the judicial practice of our country in the common crime terminationproblems still exist some problems.Learn the various theories of advantage, to the commoncrime abort situations of the concrete analysis of concrete problems. According to thecommon crime different division of labor, divided into the perpetrator, abettor, organizingoffender and help making four kinds of circumstances. Using the relevant theory ofknowledge has several joint offenders was established to suspend presented different standard,so as to provide some reference for the judicial practice. But in the common crime, there aresome special cases, such as shared personal criminal discontinuation of crime, in order toprevent the other partial accomplice accomplice to crime and violence, common crimetermination and other unfinished form coexisting problems, instigator stop abetting, who inturn instigated implementation of abetting abet crime situation etc. For the joint offense discontinue the problems of judicial determination and appeared in the wrong, can improvethe proposal, such as addition of joint crime in legislation, introduced the provisions of"crime", the provisions on special judicial interpretation; judicial should insist on theunification of subjectivity and objectivity principle, pay attention to discriminate between, toresolve the confusion in the judicial.

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