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Study on the Assistor by Omission

Author: CuiJiQiang
Tutor: ZhaoWei
School: Dalian Maritime University
Course: Legal
Keywords: Common criminal Omission Abettor
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 65
Quote: 0
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Abstract


Not as Help guilty, guilty accomplice relative to competing areas of behavior, refers to not as a way to help others criminal behavior. To not as a way to help others to commit a crime established helping behavior has become the General Theory of foreign criminal law theory; China, not as an abettor theory is a need to be further studied. In this paper, based on the theory of common crime, combined with China's criminal legislation of Justice, not as the help criminals nature of the criminal responsibility of a preliminary study, in order to offer advice and a perfect King of China's legislative and judicial. Article context, is divided into four parts: The first part is a general overview as help commit nature. Omissions Help guilty of is not as a crime, and also has an accomplice in nature. Not as a help to the commission of a theoretical study, the original intention is to be investigated to help commit the responsibility of its essence as help prisoners have in common, and therefore ultimately belonged to the accomplice theory category. Perspective accomplice theory research, not as basic theory to help offenders behave as the theoretical study of the problems and difficulty. The second part describes the intent of not guilty of subjective characteristics as help, it has to help. First two from the understanding and the will to factors the intentional psychological nature of the crime. The second section describes as help Offense subjective double intentional psychological, to recognize others or that will be implemented is a crime, while at the same time recognize that not as a help for the criminal acts of others. The third part describes the objective characteristics of not guilty as to help set up. Not to as Help guilty Chairman involving accomplice theory as guilty theory, and therefore constitute a crime has the complexity and particularity. First of all, do not help Offense must exist as an obligation as a precondition. Secondly, there is as a possibility. Finally, there must be helping behavior, that is, not as the realization of the harm results causality. Not as committed only advance to help and things to help the two periods, only material assistance without the existence of mental help. The fourth part is not as Help guilty of criminal liability. Not as a lighter class of common crime, crime is on the basis of comparison of various punishment principle, not as criminal responsibility to help the offender should be must less principle for properly. Not as a way to achieve that help crime criminal responsibility major penalty and non-penalty in two ways, with its own characteristics, the way should be mainly non-penalty punishment.

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