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On the Departure from the Relation of Joint Crime

Author: LiuGuangChu
Tutor: TangShiYue
School: Hunan Normal University
Course: Legal Theory
Keywords: Complicity Break away Elements Penalties
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 155
Quote: 0
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Abstract

The complicity from theory in China is still just getting started , despite the foreign - related research to draw on , but the introduction of the theory may not be able to adapt to China 's legislative and judicial practice , the correction must be suited to China's national conditions , in order to financial into our criminal justice system , and filling gaps in China's criminal law theory of complicity from the research . Behavior to reasonably complicity practice out of the need to learn from foreign theories based on the theory of complicity from the concept , function , constituent elements and rules define reasonable . In view of the large numbers of complicity in the practice detachment phenomenon , strengthen judicial complicity from the theoretical research to guide practice has become a pressing issue , the basic method of this paper the use of Legal Studies explore disengagement theory of complicity in four parts analysis . The first part describes the accomplice relationship out of the development of the theory of evolution , embodied in the foreign criminal law , and Research in China , China's criminal law and criminal law in Germany and Japan on accomplice abort difference , while born out of an accomplice complicity abort detachment because of these differences to their own characteristics . The second part of the in-depth analysis of the concept of complicity from the function and related concepts accomplice aborted , the implementation of the limit of the similarities and differences . Draw on existing concepts based on the concept of this article also embodies its own characteristics , and more operational than the existing concept . Part III focuses on complicity from the standards and elements . Out of the standard is to require the detachment to make considerable efforts to eliminate their own previous behavior reasons complicity . This paper argues that the association to commit spun off from complicity . Finally, established penalties for complicity detachment . Proposed General special detachment behavior and penalties for general provisions , the provisions in the Criminal Law .

On the Departure from the Relation of Joint Crime

Abstract

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