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Discuss the Crime Escaping about Status Crime and Joint Crime

Author: LiuMiQiong
Tutor: ZhangYongJiang
School: Xiangtan University
Course: Criminal Law
Keywords: Prisoners of identity Offenses identity of the subject Common crime Stop form
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 45
Quote: 0
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Abstract

Offenses is a serious crime to undermine the national judicial management order has been subjected to the attention of the national legislature and the judiciary. The main body of the crime of escape is a special subject that criminals are held in accordance with the law, the defendant, the suspect does not have the specific identity of the three alone can not constitute the crime of escape, only in the case of common crime can constitute an accomplice of the crime of escape. Escape the crime constitutes a strict spatial and temporal elements constitute the crime of escape, actors must limit free time stage in the judicial organs in accordance with the law, but also has a subjective purpose, so the escape from custody state is a personally committed. Offenses does not have special status only in the case of common crime constitute the crime of escape and abettor or help commit, and can not constitute joint principal offender. Its common patterns of crime in specifically identified, whether or judicial practice in criminal law in theory, there is a big controversy. There is a big difference in the specific understanding and awareness of the judiciary for the same escape behavior in the legal characterization also there is a big difference. Confusion caused by the criminal law enforcement, and serious damage to the national law of the unity and authority. Offenses common criminal manifestations of a complex social phenomenon, from its constituted perspective, there was not only on the special nature of the crime structure, there is the complexity of the criminal process. In respect of the crime of its particularity on the one hand in the elements of the crime. First reflected in the main body of the crime constitution, there must be more than one age of criminal responsibility, the behavior of people with criminal responsibility, which must include more than one defendant being held in accordance with the law, the suspect criminals. Secondly, based on the mean of the co-perpetrators contact form criminal conspires law prisoners to escape regulation. Again, the co-perpetrators common implementation of criminal law provisions of the acts of escape, undermine the regulatory authorities of the regulatory order and the country's judicial order. Crime constitutes a form that it is formed with a single subject of crime compared to either form elements, structure or overall performance are very different. On the other hand, in a joint criminal process, often subject to various factors and constraints, to form a variety of different manifestations and outcome, ie the the common crime unfinished form. China's Criminal Law is basically completed the crime, based on a separate crime as a standard to make provisions for the composition of the crime, Criminal Law General unfinished form of a separate crime provisions, so if the joint crime of criminal first amendment, unfinished form of common crime is a crime and a secondary correction.

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