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Research on Joint Crime and Identity

Author: WangTian
Tutor: DiHaiFeng
School: Hebei University of Economics
Course: Criminal Law
Keywords: Identity Crimes of status Conviction and sentencing Common criminal
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


Common crime of identity is a difficult problem in the theory of common crime. In this regard our general principles of criminal law does not expressly provide theoretical profession today. This article draws on the research of scholars, identity issues generally discussed on the basis of the theory of China's criminal law and judicial practice, common crime and the identity of the many controversial issues to be explored, to make a claim, the identity of the Penal Code in order to build a harmonious theory plays a certain reference. The text is divided into three chapters: the first chapter, common crime and identity Overview. The chapter of the theoretical part of the foundation of the entire thesis, mainly on general theoretical issues of common crime of identity, on the difference between common crime and is committing the objective from the subjective Speaking to say and then acts disposable say, trying to find a standard to define both concepts. The basic theory followed by common crime the crime common accomplices and behavior from the property and the accomplice independence. Crime is common to say that would be difficult to carry out a reasonable explanation for some extreme cases due to over-emphasize the formal requirements established by the common criminal accomplices from the property; behavior common to say, the accomplice actually from independence Crime Theory, only from the fact that, real meaning described above, contrary to the basic concept of criminal law of legality, was many criticism. Therefore, the subsequent emergence of the part of the criminal, the mild behavior common to say, a convergence of views on the same issue Unified School confrontation fact eased. Finally, do a simple exposition of the basic concepts of identity and the identity of criminals. The second chapter, common crime and the conviction and sentencing of identity. Common crime and the conviction and sentencing of identity is the main problem of the common crime of identity relations, co-perpetrator from the perspective of criminal legislation according to their role in the crime is divided into a principal, accomplice, accomplice under duress, instigator, and does not produce no identity with the identity of ability to constitute a joint principal offender However, judicial practice and theoretical level, this is an unavoidable issue, the scholars also a lot of controversy. This chapter, I draw on the research of many scholars based on from two joint principal offender narrow accomplice were elaborated with the identity of a conviction, and the depth of no identity with the identity of the common implementation of the identity commit: different identity jointly implement the crimes of status; identity by abetting help without citizenship who commit the crime; without citizenship who abetting criminal sentencing issues such as the implementation of the true identity of the guilty in identity. The third chapter, common crime and negative identity. Scholars in Japan have a more in-depth study on the problem of negative identity, especially for common crime and negative identity, its conclusion is generally recognized. However, the four elements of system crimes constitute crimes constitute a system of three elements in Japan and China are significant differences between our criminal law practice can not be a good reference. Therefore, our common crime and negative identity is described as follows: that the negative identity negates the illegal identity and negates criminal penalty sexual identity can be divided into two kinds; common criminal and negates the illegal identity and common crime and negates The Criminal Punishment identity from these two areas to expand the exposition, the accomplice and three negative identity relationship made a comprehensive analysis. On this basis, focuses relatives negative identity theory sources as well as their common crime. The concluding section discusses summary based on the proposed Complicity and identity the convicted programs, and further in the level of theory abstraction.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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