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Study On The Abolish Of Implicated Offence

Posted on:2012-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:W L GuoFull Text:PDF
GTID:2166330338494392Subject:Law
Abstract/Summary:PDF Full Text Request
The idea of implicated offence has being existed in our law theory for a long time, but there is no clear provision in our legislation. Although there are some so-called provisions of implicated offence in some scholars'opinion, the requirements of these provisions are not uniform so that many scholars dispute about the provisions of implicated offence. There are just few countries get enough provisions and researches about implicated offence apart from Japan and Taiwan. In these years there are more and more claims for the abolition of implicated offence in our country. This paper analyses the essence and trend of implicated offence from the following parts.The first part introduces the origin, the establishment and the current status of implicated offence. The concept did not arise enough attention after being proposed in the world. Only Japan and Taiwan has some provisions about implicated offence while other countries have no definite provisions.The second part introduces the disputes about implicated offence in Japan, Taiwan and the continental. Although the concept was established by Japanese legislation, but the dispute about the abolition of implicated offence always prevails in Japan and our country. This paper tries to analyses the nature of implicated offence by listing these different views.The third part discusses the criminal concurrency on the origin of implicated offence. The criminal concurrency is the base of the existence of the concept. This part discusses the similarities and differences of the criminal concurrency in Germany, Japan and Taiwan. This part compares some basic concepts of these theories and then figure out the nature of criminal concurrency---the quantity of the punishable legal effect..The fourth part is to propose a reconstruction of criminal concurrency. Staring from the basic principles of criminal law, analysis the purpose of criminal concurrency, reconstruction the principles and standards of criminal concurrency. The quantity of acts and plural norms is only a prerequisite for dealing with the problem of concurrency. The core of criminal concurrency is to make sure the quantity of punishable legal effect.Section 5 is about conclusion of abolishing implicated offence. In this section, we know that according the principles and methods of determine the legal effect's quantity implicated offence is in essence several offences. In the vague vision we can't proclaim the nature of implicated offence. It is ridiculous that implicated offence is in punishment of a crime under the eyes of realizing that implicated offence is actually plural crimes. Meanwhile it will indulge crime. Therefore it should abolish the existence of implicated offence and restore the origin logic of law.
Keywords/Search Tags:implicated offence, criminal concurrency, quantity of act, abolish
PDF Full Text Request
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