A Study On Implicated Offense

Implicated offense is one of the difficulties in the study of the forms of offense numbers. At present the study on implicated offense in law circles of our country represents a pattern of diversification, on which the definition and characteristics of implicated offense, its implicated relation, the principle of punishment and the differences between implicated offense and other forms of offense numbers are focused. On the study of implicated offense many scholars have achieved valuable fruits from different angle of view.Among the study of the forms of offense numbers, implicated offense is the one that is significant but complicated. There is no specific regulation about the definition and punishment to implicated offense in the general principles of the newly revised corpus juries, but in some sub-principles the rules of punishment are fully represented. Furthermore, different kinds of rules are included: combined punishment for plural crimes, heavier punishment for a major offense and specified regulation to the extent of discretion of punishment.In recent years, there are more and more challenges against the theory of implicated offense: some scholars argue for an added regulation in criminal law; others think it unnecessary to develop such theory; even some propose to abolish the parlance of implicated offense.Aimed at the chaos situation and different attitudes to implicated offense and its noncommittal foreground in development, I make a integrated dissertation, which is divided into seven parts and about 47,000 words, on implicated offense from its history, its status and the research on its expansion, the purpose of which is to attract necessary attention in the circles of criminal law.The first of the dissertation looks back the historical evolution of the theory ofimplicated offense. The word was rooted in German "Verbrechen skonkurrenz". The theory of implicated offense was embodied everywhere among "Bavaria Penal Code(draft)" written in 1824 by P.J.A. Feuerbach (1775-1833), German scholar on criminal law, "Japan Penal Code" published in 1907 still in use now;" The Great Qing Dynasty New Criminal Law " in 1910, "New and Temporary Criminal Law of the Republic of China" in 1912, "Criminal Law of the Republic of China" in 1928 and the one made in 1935 still used in Taiwan. From the information at hand most countries make no regulation to implicated offense in their penal code, except for some country and areas such as Japan and Taiwan. Different countries have different researches on the application and punishment of implicated offense both in theory and in practice, but with different consequences. For example, in British, America and France combined punishment for more than one crime is applied, in theory and in practice, to those of several implicated offenses. From penal legislation the definition of implicated offense is not accepted in the former Russia and the socialism countries in east Europe. The circles of criminal law from these countries seldom hold an affirmative attitude towards it. In the mainland of our country it is admitted and applied although there is no specified regulation to its definition in present "Criminal Law of PRC"(1979) and its revised edition in 1997.The second part of the dissertation, the definition and characteristics of implicated offense is one of the essentials. In this part an analysis is made on the advantages and disadvantages of the difference theories, and based on the theory of twain-character, a creative viewpoint on the definition and its characteristic of implicated offense are put forward.The third part of the dissertation focuses on theological and realistic significance of two theories applied in the measurement of penalty for implicated offense: the theory asserting combined punishment for plural crimes and the theory asserting heavier punishment for a major offense. Based on the implicated offense theory the latter is infact the basic principle and source for the measurement of penalty although the former has more ad...