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Research On The Mens Rea For Joint Offense

Posted on:2007-07-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:L HanFull Text:PDF
GTID:1116360185957999Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The purpose to legislate the joint offense is to solve the problem that whom we can deem as criminals when several persons committed the same crime and the problem that how to differentiate criminal liability when those criminals involved into the crime differently. To adopt what standpoint will determine the mens rea for the joint offense. Relatively to say, some argument has its advantage, which holds that though two guys committed different crimes, they can be accomplices when there is some coincide between those crimes. Mens Rea in the modern criminal law system includes two schools, i.e., the subjective theory and the normative theory. The author follows the latter one and argues that intention and negligence are the main contents of mens rea, which determine the scope of joint offense to substantial extent and has enormous influence on the solutions of other problems in this area.Through observing the history and conducting comparative study, the author concludes that though we have earlier history record, the concrete regulation about joint offense is lagged behind. The mens rea for joint offense means when the criminals committed crimes, what kind of mental states they hold towards their own and the other joint offenders'act and the results followed probably or sufficiently. Joint offense can be committed under joint intent or joint negligence, rather than mixed mental states.Being the mental element, the joint intent is the subjective foundation for joint offense. The mental interrelation is the necessary element of joint intent,...
Keywords/Search Tags:joint offense, mens rea, joint intent, joint negligence, joint mixed mens rea
PDF Full Text Request
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