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Jointly Crime of

Author: QiuDongZuo
Tutor: HeBingSong
School: China University of Political Science
Course: Criminal Law
Keywords: Units of common crime Constituent elements Stop form Criminal responsibility The amount of crime
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 150
Quote: 0
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Abstract


Unit crime and common crime is the juxtaposition of two concepts of the general principles of criminal law, criminal law scholars to both questions is relatively mature, with impressive results. But the crossover concept of the relevant units of crime and common crime - in common crime related papers are also many, but research has yet to depth, the confusion leaving lack of legislative and judicial practice in the treatment units common crime research is urgent sex. This article intends to be the basis of the existing research results in the field, combined with natural crime, a crime committed by a unit, the theory of common crime, crime established the relevant units, Components and specifically identified, stop patterns conviction and sentencing issues were discussed, in order to be beneficial for improving the criminal law theory and solve the problems in the judicial practice. The paper is divided into five parts: The first part, Introduction, introduces the research background, research purpose and significance and research methods. The second part of the unit joint crime overview. First units of common crime exist with a reasonable analysis, followed by the introduction of a number of different points of view on the basis of the concept of crime units were defined, then jointly crime and common crime units, general co- crime two similar, easily confused concept of a comparative analysis. The third part, jointly crime constituent elements identified. This section from the main elements of subjective elements and objective elements, elements of the object in terms of units of the common elements of the crime for a detailed explanation. Each part interspersed with difficult problems identified, such as in the main part of the elements of the parent company and subsidiaries of the units and subordinate units, the private sector can not be identified units of a common subject of crime, part of the subjective element from two angles of the pure unit crime impure crimes committed by units focused on how to identify the intention liaison between the units common crime in the objective elements of section discuss how to identify units of common crime, jointly discussed the general object of the offense in the elements of the object section, similar object direct object identified. Part IV, jointly crime stop patterns. This section first discusses the common crime of units completed form --- consummated, are discussed in detail pure jointly the results guilty of the offense, behavioral offense, Potential Damage move Attempt established and impure unit joint crime instigator and help guilty of the establishment of the consummated; then discussed jointly crime unfinished form --- preparation and attempt. The last stop on the crimes committed by units form inside the unit directly responsible to stop the relationship between the morphology are discussed. The fifth part, criminal responsibility for crimes unit. The part of the common criminal from pure units with impure units start on two aspects of the offense. Common crime in the pure unit focuses on of Units unit the main accomplice division and Internal directly responsible personnel directly whether the establishment of a common crime relationship as well as the main accomplice division of committing the same offense; common criminal part of the impure units, mainly on the natural unit but the conviction and sentencing standards are inconsistent issues were discussed that the units should be natural to distinguish, respectively, applicable to each conviction and sentencing standards, determine the unit of natural persons under the premise of the total amount of crime.

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