Font Size: a A A

The Study On Aider

Posted on:2015-01-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L WangFull Text:PDF
GTID:1266330428496280Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint crime is made up of abettor and aiding. However, aider gets less theoreticalattention than abettor. People prefer paying more attention to analyzing the relatedsituation of abettor when they discuss the joint offender. As long as the theory of jointoffender can be reflected and applied, then the aider should take into account as longas you can. In fact, aider and abettor often bundle together and present themselves asaccomplice in common sense in front of people. Also, they take a place in the theory ofcriminal law. But, as for instigator, aider itself also has independent quality of theory.The research of aider should not be limited in the theory of accomplice in commonsense, but also carry out the research on aider itself. This thesis will take aider as theresearch object, and the author will research it from independent status of criminal lawof aider, then the author will analyze punishment gist under the system of accomplicein narrow sense. Based on above two points, the thesis will discuss the establishmentcondition for abettor. The boundary and special type of abettor discuss the specialtheoretical and practical problem of aider in the range of the theory of aider. Thisthesis follows the research way which is from outside into inside, and try to strip offthe veil of abettor. Finally, the complicity form of abettor will be presented completelyin front of people. Certainly, the purpose of research on abettor is not only just tocompensate the lack of attention of theorists on abettor, but also aims to define abettorin juridical practice and use the theory of abettor settle the troublesome problem injuridical practice. Correctly apply abettor can be examined from two perspectives. First,we should limit the application of aiding.Any accomplice form has its own scope ofapplication and standards, the abettor is no exception. Under the request of austerity ofcriminal law sprit, the establishment of abettor must be in the reasonable range.Otherwise, the improper extension on establishment of abettor will add odds with thespirit of austerity of criminal law. Second, aider applicable should be accurate. Thereare a lot of “twilight zone” among abettor, other accomplice form and neutralehandlung. If the applicable scope of aider cannot be defined accurately, the “space”rang which is stipulated by some other accomplice form will be inevitably infringed. Of course, the purpose of the study to the aider is not only to compensate for thelack of attention that theorists payed to the aider, the more ultimate aim is to accuratelydefine the aiders in judicial practice and apply the theory of the aider to help solve thethorny issue in judicial practice.Appling to the aider accurately can be studied fromtwo perspectives: Firstly, we should study the aider from the perspective ofapplicance to limit the aider. All the form of accomplice have their own scope ofapplication and standards, the aider is no exception similarly. Under the requirementof spirit that restraining the criminal law, the aider must be defined within a reasonablerange. Otherwise, the improper extension to the scope of the aider is contrary to thespirit of restraining criminal law. Secondly, the applicance to the aiders should beaccurate. There exist much "gray area" in the aiders, other form of accomplice andneutral behavior, if you can not accurately define the scope of the aiders, it inevitablyinfringe "space" range to regulation of other forms of accomplice. With this research,the article is thought to answer the relevant questions offenders of the aiders.Firstly, this paper discusses the full text from the start of limiting committingconcept, because distinction made committing system that based on the concept oflimited committing gives the aider independent legal status in criminal legislation, itprovide a wider space to help research the aider.Then explore of the punishmentfoundation to the aider is the study of abettor theory problems that can not bebypassed. The punishment foundation of the aider become divergent along withcontinuous deduction of the punishment foundation with accomplice. On the rise of anaccomplice liability, wrongful demise causal theory of an accomplice an accomplice anaccomplice theory is to meet the claims of other theories. Especially causal theory ofan accomplice sparked says compromise is to aider should be punished according toadhere to doctrine.Committed to aiders’ establishment of conditions for review isbased on the theory of accomplice more targeted research. an accomplice from theproperty, said the view that aider is established to the presence of committing. But theaider committing the conditions under which they attached to complex factors involvedfrom the property theory. It can be said, from an accomplice between the theoreticalproperties of a chain, the logic of continuity, with its emphasis is very necessary.Theaider must examine both the subjective and objective, the lack of any one of theconditions that the aider can not be established. The aider will naturally help bringanother area of concern, namely to the aiders’ boundaries. Under the distinguished accomplice system, distinguishing the aider and joint principal offender,the aiderand abettor correctly has a double meaning in qualitation and senten.Moreover, ineveryday life, people are common in complex criminal activities, the aider make thesame that there are a variety of different types, a special type of aider can be fined anddefine how considerations must also be a clear issue that researching the aider.This paper that studies the aider is within the framework of civil law, it is carriedout to study the perspectives and research is primarily based on the research on theaider in civil law, because in civil law, especially under the distinction madecommitting system, the aider is separate legislative status. However, research onthe civil law taider will eventually be returning consideration of criminal legislation.For now, our criminal legislation on tha aider have much lack. Meanwhile, Chineseresearch that committed to the breadth and depth of the aiders can not be comparedwith the civil law, it result that the root of the weak research to the aider in China liesmainly in our criminal legislation the aider has no independent legal status. Theresearch on the aider is not just confined to the research vision to the aider itself, butshould be placed it through all the theory of common crime,it has a broader space tothe research on the aider. This paper that studies aider is starting from the basic theoryof accomplice, finding the aiders’ location under different legislative models to theaccomplice and researching on combining the different theories about the study to theaider.
Keywords/Search Tags:Aider, Restrictive concept of actor, Behavior of aider, Intention of aider, Abettor
PDF Full Text Request
Related items