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Study on Jiont Crime Justice Problems

Author: YangXiCai
Tutor: XiaoZhongHua
School: Guizhou University
Course: Legal
Keywords: joint crime accomplice divorced from the relationship unit crime consequential aggravated criminal transformation criminal
CLC: D924.1
Type: Master's thesis
Year: 2008
Downloads: 312
Quote: 3
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Abstract


Joint crime,which refers to more than two natural or legal persons of common implementation of the criminal acts.Moreover,joint crime generally has polymerization and organizational characteristics,compared with individuals of their social harm of crime more serious.Germany,France symbolizing the civil law and the United Kingdom,the United States as the main body of common law show prominence diversity in perspective of joint crime and punishment and other issues.In China,on the theory of an accomplice is the contention of the flourishing.In the article,the author runs through the combination of the fact evaluation and appraisal value of the two main lines,successive analysis,and from the objective of the Criminal Code and the subjective perspective,expatiate the theory of joint crime problems that have cropped contemporary research complicity in criminal law theory, the theoretical study reveals the hot and countermeasures.Ⅰ.The characterization reveals joint crime,namely:(a) The main crime is satisfied that crime is the main must achieve more than two statutory age of responsibility,the ability of the natural or criminal liability in accordance with the law established a legal personality of the unit;(b) The desired subjective nature,which would require the perpetrator beforehand,between,or after the contact point in the matter,will appear in the hope that the laissez-faire compound;(c) The trend of objective,namely, the perpetrator of the crime is a common trend of the benefits of a specific law against illegal.Ⅱ.By the conduct control theory,insist "restricted status." The act should not be identified in order to achieve a number of elements to determine,and should be for all the elements to achieve a degree of control to decide.It identified different for us now as joint crime,the nature of the methodology make very important significance. Ⅲ.Analytical,"an accomplice divorced from the relationship." To make up for the suspension of criminal legislation,provide an accomplice on the lack of criminal law scholars from Japan,"complicity from the relationship" defining common crime suspension theoretical basis.Ⅳ.The establishment of common legal status in the crime,crime is the common units refuting crime.Ⅴ.Clarify the criminal Consequential Aggravated Criminal joint crime,the establishment of joint crimes committed in the transformation of the definition and classification.

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