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Study On The Offense Of Conspiracy In The Criminal Law

Posted on:2006-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:H GuoFull Text:PDF
GTID:2166360155475132Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The offense of conspiracy refers to a certain kind of completed criminal pattern by provision in criminal law that carried out by over two people with criminal ability, in order to commit the specific crime, implementing the behavior of plotting in the stage of preparation for crime and getting to the consistency. Actually, the conception is a selection made by analyzing the present diversified ones. According to the conception, we conclude the offense of conspiracy's station in criminal law system: The offense of conspiracy is a certain kind of completed criminal pattern; The offense of conspiracy is a kind of statutory offense; The offense of conspiracy is a kind of necessary common crime. The offense of conspiracy is a kind of concurrence of articles of law. In the Criminal Law, the offense of conspiracy has the foundation of itself. Though the offense of conspiracy isn't specially regulated in the amended criminal law 97, there are crimes of "have the conspiracy to endanger the sovereignty, territorial integrity"and "have the conspiracy to overthrow the government, spit the nation"in the Criminal Law 79. And in the present criminal law, there are three articles involving the offense of conspiracy, that is, article 103, the crime of plotting to dismember the state, article 104, the crime of plotting to arm rebellion and article 105, the crime of plotting to overthrow the government. The general judicial application of the offense of conspiracy is general problems of the judicial application of the offense of conspiracy which is abstracted from the special offense of conspiracy. The important conditions constituting the offense of conspiracy are: that subject is over two people with criminal ability; that subjective aspect is direct intention; that objective aspect is to implement plotting and to get to the consistency in order to commit the specific crime. The offense of conspiracy has inchoate patterns. Criminal quantity of the offense of conspiracy has divarication in the special condition. There are a lot of drawbacks about the offense of conspiracy in the legislation, such as inconsistence with legislation's original intention; ambiguity in law terms and omitting content. So we give some suggestions to improve it: Referring to correlative legislation to provide the behavior of endangering national security for making legislation's original intention clear; Referring to correlative civil legislation to make present legislation's drawbacks up.
Keywords/Search Tags:the offense of conspiracy, the basis of the crime law, Judicial application, the perfection of legislation
PDF Full Text Request
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