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Research About Successive Acomplicity

Posted on:2007-09-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:H T RenFull Text:PDF
GTID:1116360185957910Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Generally, Research about the issue of Successive complicity often follow the traditional classification model of Successive co-perpetrator and Successive helpers, the paper also follow this habit of thinking. So the first question is how to committed the boundaries between the Successive co-perpetrator and the Successive helpers. Of course, the solution of the problem doesn't depends observation from Successive accomplice, but depends that from the whole area of complicity. How to make a distinguish between perpetrator and accomplices, in the form of civil law exists formal-objective theory, material-objective theory, subjective theory, Compromise theory and the theory of"Tatherrschaftlehre".Formal-objective theory in the application form is seemingly simple, but it is difficult to overcome the shortcomings following itself, and so the paper advocate"Tatherrschaftlehre", and accordingly with it committed the boundaries between the Successive co-perpetrator and the Successive helpers.The core issues about Successive complicity are the scope of liability. There exist many theories on this issue : simply confirmed theory, the amendment theory, purely negative theory, the amendment deny theory and various theory. Generally, different theories have different scope of liability, and ultimately affect the conviction and sentencing of the perpetrator, so, how...
Keywords/Search Tags:Successive acomplicity, Successive co-perpetrator, Successive aid
PDF Full Text Request
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