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Cognizance Of The Crime And Stop The Application Of Aggravating Circumstances

Posted on:2011-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2166330332973255Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese criminal law of rape is a very important charge. In judicial practice, two or more acts of conspiracy to commit rape, but for some special reasons, a person committed the act of adultery could not be implemented in case another person is an objective and more often hair. However, a long time, judicial practice how to be punished for such problems is quite controversial. In such cases, whether criminal acts constitute the crime of rape accomplished? Constitute rape if the perpetrator accomplished, then whether to set up gang? If the establishment of gang rape, then the shape of the perpetrator is? The court in the country, even in the same court's decision has occurred there is often inconsistent. Rape is a criminal law in violation of civil rights charges in the chapter, the punishment to set up their heavy, or even sentenced to death. Therefore, in these cases, perpetrators of crime can give reasonable identification of a crime directly related to the legitimate rights can be effectively protected the principle of suiting punishment can be achieved, it is essential. The solution also involves the issue whether the crime of rape is "personally committed" the identification, rape in the identification of common crime, aggravated found guilty of the aggravated offense has been outstanding and many other aspects of the grasp of form. I believe that in the event of such circumstances, according to the crime, "part of the behavior of full responsibility for the" principle, all offenders constitute the crime of rape accomplished, at the same time meet the gang as the plot elements, so the crime is gang-raped everyone Accomplished . This article is divided into four parts.The first part introduces the case. Introduced more often made in judicial practice as a crime, that is, two or more acts of conspiracy to commit rape, in one of the rape act to achieve that, due to some special reasons, not the implementation of the other acts of adultery.Part two and part three , it introduces the existence of some differences of opinion and point of contention. Differences mainly in the case if all the perpetrators of rape have become accomplished, whether the crime constitutes a gang rape and gang rape in which the perpetrators belong to patterns of crime. The focus is on issues Accomplished rape cases in the crime should be how to identify and commit aggravated form of the establishment in question.Part IV, mainly for the legal analysis. First of a common form of rape accomplished crime problem. Crime in the common case of rape and it shall be applied "part of the behavior of all responsibility" principle, one of rape accomplished, the other co-perpetrators of rape should be regarded as accomplished. Secondly, the shape of a gang problem. Accomplished gang rape accomplished to meet the requirements of both the conditions and circumstances of a gang rape. In the event of the circumstances of the case, because it is two or more acts of rape, gang-raped on the line with the plot elements, and because of the offender's conduct constitutes consummated rape, the above cases, the behavior of the perpetrators should be identified Accomplished for the gang rape. Identified as gang rape accomplished this, from a vicious crime subjective starting with the composition of elements to be gang-raped the inevitable result of judging, both followed the crime, "part of the behavior of all responsibility" criteria, not against the crimes of the fundamental principles.
Keywords/Search Tags:rape, rape by two or more, crime accomplishment, common crime
PDF Full Text Request
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