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On accomplice punishment according

Author: WuDi
Tutor: KangFengYing
School: Heilongjiang University
Course: Criminal Law
Keywords: the joint crime the punishment foundations of complicity liability accomplices theory unrechtsteilnahmetheore caused theory
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 147
Quote: 0
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Abstract


About the joint crime, many people call it the despair chapter. The complicity is its core content, but our country scholars in criminal law say little words about foundations of complicity. Many questions on punishment foundations of complicity can’t be solved.This article tries to start with the definition of complicity. Firstly, the article has confirmed the definition of complicity. Because punishment foundations of complicity in fact places the narrow complicity, in this article main point’s definition, has only chosen the narrow complicity, namely the elimination implements the common perpetrator who violates, includes the abettor and crimes committed by a assister.In the following elaboration, introduced joint crime’s essential theory as well as the choice of the joint crime’s essential theory, the main dispute concentrates in the choice of joint crime’s behavior and result unworthiness, while in fact we take the choice of the result unworthiness as the center. Therefore, the following narration regards the result unworthiness as the center to introduce demerit and merit of theories.Analyzing from the theory history’s evolution, three different theories on the punishment foundations of complicity exists: responsibility theory and the illegal complicity theory as well as causing theory. In this article introduced in detail these three theory’s theory research, in fact concentrated in causing theory that it includes three theories: purely causing theory, the revision causing theory and compromised causing theory. Finally the author synthesized three viewpoints, and drew own conclusion. In the following, the author simply takes "Tang Law" as representative, has made the simple narration to complicity’s punishment principle, and it confirms the inheritance of our country criminal law. Finally, on the basis of the actual criminal law, the author looks for the law foundation of the punishment foundations of complicity, bring out own viewpoint on the punishment foundations of complicity.

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