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Study on the Nature and Legal Responsibility of "Conspiracy Without Practice"

Author: ZhouShuangXi
Tutor: YangKai
School: Xiangtan University
Course: Criminal Law
Keywords: Conspiracy without practice Concept Nature Legal responsibility
CLC: D914
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 1
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Abstract

This text discusses the“Conspiracy without practice”nature and legal responsibility, which is debated in the theorists without stopped.Besides the preface, this text includes three parts, about 32000 words.The first chapter discussed the concept of“conspiracy without practice”. First, explained the concept of conspiracy from ancient to present, detail related the different understanding about conspiracy in present theorists, and analysed the viewpoint one by one. In my opinion, conspiracy is the more than two people to achieve on specific crime consensual. Secondly, for further defined conspiracy implication, I comparatively analyse conspiracy with the concept about expression of criminal intent、intention liaison and offense of conspiracy. Lastly, defined the concept of“conspiracy without practice”:“conspiracy without practice”is more than two persons agree to crimes, but does not to implement the behavior which conform the crime committing objective document. Including all one is all conspiracy without practice and part of conspiracy without practice.The second chapter analyses the nature of“conspiracy without practice”. In the basis of analysed the different understanding in mainland criminal law、the UK-US criminal law and our country theorists about“conspiracy without practice”. I think that, if we want to understand correctly“conspiracy without practice”, we should have completed from the common crime and the unaccomplished of crime to grasp. First, the participant not practice in“conspiracy without practice”and the practicer are common crime. Conspiracy is the crime thought exchange, which already had been between person’s social relations. So it already belonged to the behavior category, and is the criminality. Secondly, in the crime development stage, conspiracy belonged to the preparation of crime stage. As a result of common crime complexity, if had a part of conspire’s participant to implement the criminality, then only participates in coconspirator’s crime formation will be accomplishment of crime、attemptment of crime and discontinuance of crime different unaccomplished formation.The third chapter study on the legal responsibility of“conspiracy without practice”. Thought that to held conspiracy offense legal responsibility both consider the common crime integrity, and conspiracy offense in the special position and function in common crime. I think that held legal responsibility should to insist on unification appraisal and differential appraisal.

Study on the Nature and Legal Responsibility of "Conspiracy Without Practice"

Abstract

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