Dissertation > Excellent graduate degree dissertation topics show

Research on the Scope of Foundation of Joint Crime

Author: LiuCongBo
Tutor: LuJun
School: Liaoning University
Course: Criminal Law
Keywords: Common criminal Part of the crime jointly said Behavior common to say Standard choice
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 135
Quote: 0
Read: Download Dissertation

Abstract

The joint crime is a common judicial practice patterns of crime is a complex issue in the criminal law, the common scientific crime concept has important guiding significance for the correct handling of cases of common crime in the judicial practice. In view of this, the shallow discussion on this important issue of the scope of common crime was established. The first is the determination of issues of common crime was established range. This part of the judgment by China and Japan, a real case analysis, which leads to the topics discussed in this article, and finds that the establishment of a common crime in what range. After the introduction of the point of view of common crime was established range at home and abroad, and analyze the pros and cons of the various points of view, and finally pointed out that China's current situation. A variety of perspectives. Evolution, in civil law countries, mainly in some crime and constitute elements of behavior common between controversial. Part of the crime in Germany, Japan and other countries through our many scholars advocate. The two theories on the gradual convergence of the two differences in the basic position is unbridgeable gap. Behavior such as common theoretical foundation said in accomplice independence, unitary, the principal offender system incurred under-tung says a lot of criticism; including its reality can not satisfy the public recognition, the distance is too large and judicial practice. Part of the criminal common being established Coincidence of Articles on the basis of the principles of full responsibility for part of the behavior, rationality, so this support part of the crime common. This paper also said criticism behavior response. In the judgment involving narrowly accomplice, instigator Help guilty, part of the criminal common to say there are certain problems in itself, this article by the explanation of the nature of the instigator to resolve this issue. Finally, common crime was established to expand the range to determine the reality. Part of the crime common applications range Coincidence of Articles to imagine competing transformed commit and practice limit. Common abetting narrowly accomplice problems, part of the co-abetting conviction and sentencing issues together to help problem should implement the part of the crime common to solve. And the the heterogeneous identity has practical significance accomplice problem should use part of the crime said to solve common, should be established within the range of its constituent elements coincide common crime, the identity of the perpetrator conviction. Last practice identified common crime, but also pay attention to psychological causality between concerned about the perpetrators, accurate grasp of common crime is common.

Related Dissertations

Research on Joint Crime and Identity,D914
Study on the Assistor by Omission,D914
Japanese criminal law theory of joint principal offender research,D931.3
On Nature of Accomplice,D924.11
Research on Factual Mistake of Joint Crime,D914
Studies of Some Problems with the Capacity Crime and the Joint Crime,D924.11
The Study on Common Criminal Intent,D924.1
Research on the Unaccomplished Formation of Joint Crime,D924.1
Research on the Imaginative Joiner of Offences in the Joint Crime,D924.11
Analysis of the criminal law of taking bribes and non - national staff taking bribes,D924.392
Study on Some Problems of the Crime of Insurance Fraud,D924.3
Analysis on the Component Features of the Bribery,D924.392
Research about the Relative Question in Status Crime and Joint Crime,D924.1
Research on the Unaccomplished Formation of Joint Crime,D914
On offense of misappropriation of funds identified several problems,D924.3
Analysis of Some Issue in Subjective Element of Joint Crime,D924.1
Unit Crime of,D924.1
Study on the Second Paragraph of Article in the Criminal Law,D924.1
On Crime of Insurance Fraud,D924.3
Common crime crime patterns,D914