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Later studies the behavior of the penalty

Author: ChenZuo
Tutor: LiuDeFa
School: Zhengzhou University
Course: Criminal Law
Keywords: Straflosen Nachtat quantity of crime non-punishment causes joint crime legitimate ground
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 20
Quote: 0
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Abstract

The issue on Straflosen Nachtat may not occupy an important place in the criminal theory system, following with criminal law theoretical system gradually improved, however, research perspectives inevitably transform from macroscopic theory construction to microcosmic theory improvement. The investigations on this problem not only reflect maturation and perfection of criminal law theory, but also relate to evaluation of complicated Straflosen Nachtat in judicial practice. Hitherto, specification law theoretical on this problem generally presents a new character: excessly centering on special provisions of criminal law concrete accusation, lack of general principle elaboration. Although there is no such special term in clauses of criminal law and judicial interpretations, this concept of Straflosen Nachtat has practical function initially in judicial practice and becomes the standardized interpretation of accusation design and case treatment results. This phenomenon has already become tacit agreements and consensus on theoretical research. Nevertheless, extensive applications don’t induce the prosperity of theoretical research.Standing on the status quo of theoretical research results, this paper analyzes some problems related Straflosen Nachtat on the basis of comparative criminal law researchments. This paper is divided into five parts. The first part is a discussion on the overview of research status about Straflosen Nachtat, including it’s position in the criminal theory system and several theories in mainland or domestic criminal law. The second part concentrates on the non-punishment causes of Straflosen Nachtat. Traditional non-punishment causes include concurrence theory and theory of constructive factors, then suggesting it by the new perspective theory of anticipated possibility. The relationship of Straflosen Nachtat and other quantity of crime is studied in the third part, mainly concentrate on the relationship of Straflosen Nachtat and implicated offense, inclusive offense, state offense. The fourth part discusses Straflosen Nachtat within joint crime, including Straflosen Nachtat and accomplished joint crime, Straflosen Nachtat and surplus behavior of perpetrator etc. The fifth part analyzes Straflosen Nachtat and legitimate ground, including justifiable defense and self-salvage. The sixth prat dwells on penalty about Straflosen Nachtat, such as commencement limitation of action, treatment of criminal private prosecution case and application of discretionary circumstances of sentencing etc.The greatest features of this paper are the analyzation about Straflosen Nachtat based on the theory of anticipated possibility and the discussion about Straflosen Nachtat within joint crime. This paper launches basic point from the whole criminal facts. On the one hand, association of Straflosen Nachtat and basic criminal behavior should be considered, on the other hand, the principle of prohibition repeatable evaluation should not be violated in order to avoid unjust enrichment on criminal law. Therefore to transform from scattered knowledge about Straflosen Nachtat to general principle and it will be a beneficial assistance for judicial adjudication.

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