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Research on the Scope of Criminal Liability of the Principal Offender

Author: LiuJingYing
Tutor: LuJun
School: Liaoning University
Course: Criminal Law
Keywords: Joint Offence Principal Offender Scope of Criminal Liability Criminal Organization
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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Abstract


The joint offence is one of the most complicated, important and controversial problems, the maze and the everlasting theme of crime theory. The principal criminal is the chief perpetrator of the joint offence. It is a constructive element of joint offence, and an important component of the theory of joint offence. Therefore, it’s one of the most concerned problems in the field of criminal law. he criminal law scholars around the world have done deep and extensive research on joint offence about its scope, character, constructive elements, causation, cease of the offence, numbers of crimes, the identity of the accomplice, etc. However, the concept of principle criminal in our nation’s criminal law does not coincide with the concept of principle offender in the criminal law of the civil law system, and there are obvious differences in their intension and extension. Although scholars in China have done some research on joint offence, the research on the principle criminal of the joint offence is far from enough, especially considering the scope of the criminal liability of the principle criminal.This essay is divided into 3 parts: criminal organization, gang crime and common joint offence, each started with a typical case, all these parts endeavor to solve the problem of the criminal liability of the principle criminal in joint offences by connecting theory with problem in practice. First, it is about the criminal syndicate in the principal range. The special crime by criminal groups and the general characteristics were described, and the principal of the crime shall bear criminal responsibility, especially the ringleaders of the criminal made a clearly defined. In practice, some scholars believe that the ringleader of a gang crime, only about their own criminal liability for criminal acts; the others think the most important elements not only for their criminal liability for criminal acts but also the other members of the group of criminal acts committed Criminal responsibility and so on. Comparison of different points of view through the end of this article that the ringleaders of criminal groups should follow the principle of full responsibility for some acts, but the group members independent of the implementation of the criminal acts of crime should not be borne by the principal ringleaders. Furthermore, the second part of this article is the criminal responsibility of a principal gathering crime. In this section there are two major controversies: first, whether it is a common crime mob crime. Some scholars believe that the gathering of crime is not a common criminal, while others are not, for this article was in favor of the latter. This is mainly because some of the crowd assembled to commit criminal law punished the ringleaders in addition to other penalties are also an active participant, so this kind of crowd assembled to commit to it shall be deemed a common crime. Second, in the affray occurred in the case of conversion of the primary elements should bear the criminal responsibility of any kind, in this problem, the paper depending on the ringleaders of the criminal case a detailed definition. Finally, there is a common crime, the general principal of criminal responsibility. For a general principal in the crime, usually based on the provisions of the Criminal Code can be held criminally responsible, but in principal there are two or more victims, and the implementation of the different behavior of different crimes should be investigated how to trace the Principal’s criminal liability. In this case the academic and did not give clearly defined.In this paper, the crime of intentional punishment of the culprits of this crime, this paper is defining the ways of the criminal responsibility of co-presented method of criminal responsibility.

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