Discussion On Absorbable Offense

Absorbable offense is a concept with a lot of dispute .It's intricate relation with implicated offense and continual offense has shaken its foundation and has caused much dispute whether absorbable offense should be abolished. The focus of dispute is concentrated on the relationship between absorbable offense and implicated offense. If this fundamental problem doesn't be solved the controversy about absorbable offense will not be stopped. Purpose of theoretical research on criminal law is to instruct judicial practice, while the confused state in theory will definitely cause practice pay at a loss as to what to do. So it becomes task of top priority to describe accurately the relation between absorbable offense and such relevant concepts as implicated offense and to build up new theory frame again. In view of this, this article starts with analyzing the concept of absorbable offense, concentrates on the key question about the relation between absorbable offense and implicated offense, finally has formed the design plans that absorbable offense replaces the implicated offense.The full text divides into three chapter altogether. Chapter one is concerned with connotation of absorbable offense. It is mainly discussed that the concept and the characteristic of absorbable offense which is the foundation issues about it. Through comparative analysis of various views of absorbable offense, it is concluded that we should adopt theory of "not necessarily the same charge ".Chapter one divides into two sections. Section one is concerned with the concept of absorb able offense. It is emphatically analyzed and evaluated the advantages and disadvantages of three theories that are "the same charge" and" the different charge " and " not necessarily the same charge ". The author has put forward the establishment that it is not important whether it is the same charge or not and that it matters with absorbing relation between offenses. It is maintained that "the same charge " and " the different charge" be merged under the principle of " high degree offense absorbs low degree offense". The content of section two is to the characteristic of absorbableoffense. The author points out that under normal conditions we can define absorbable offense from objective respect while under special circumstances we must assert with the aid of subjective respect of absorbable offense whether to establish absorbable offense or not.The content of chapter two is to the form of absorbable offense. Two forms should be cancelled that "crime of prime culprit absorbs that of accessory and coerced offender" and "crime committed to aggravate absorbs ordinary crime that commit " . It is also suggested that the theory of absorbable offense be got rid of the field of complicity .Finally the author puts forward opinion that the form of absorbable offense include two class.Chapter two divides into two sections. Section one is concerned with evaluation and analysis of various theory. It is argued that absorbable offense that " one form " theory defines is too narrow to suspect the necessity of absorbable offense as is defined. So the author maintains that the field of absorbable offense be expanded appropriately. Section two is concerned with the author's opinion about the form of absorbable offense. The author puts forward that absorbable offense can be divided into two classes. One is that serious offense absorbs minor offense. It is maintained that "former act absorbs latter act" and "latter act absorbs former act" be included into "serious offense absorbs minor offense". The other is that the latter offense absorbs the former offense. It includes that accomplished offense absorbs attempted offense and preparatory crime; attempted offense absorbs preparatory crime; abandonment attempt absorbs preparatory crime. Finally, the author proposes that when several offenses are at the same stage of the crime, it is suitable to obey the principle of "serious offense absorbs minor offense ".The content of chapter three is to determine absorbable offense. Author mainly analyzes and compares such connection and difference between the concepts easy to obscure as overlap of enactments, Vortat, Nachtat, continual offense and implicated offense in order to determine the extent of absorbable offense and has proposed his theory idea on this basis.Chapter three is divided into four sections. Section one is concerned with the relation between absorbable offense and overlap of enactments.