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Research On Complicity Of Criminals With And Without Idenitity

Posted on:2007-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhangFull Text:PDF
GTID:2166360212958007Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal of Natural Identity is the result of identifing crimes on whether criminal has defined identity.There are a lot of criminal laws and regulations from home and abroad about it.Futhermore ,criminal of natural identity is found in criminal laws ,even in each chapter of section.,However there is no laws or regulations concerning with identity and accomplice identity on the general principle,Which suggest current criminal laws and regulations lack of identification on accomplice identity and may have inimical effect on judicial legislation and practice.It exisits argument on how to define crimes on complicity with criminals with identity and without identity.This article will discuss and analyze two problems including whether criminals without identiry could become accomplice with criminals with identity and how to define crimes concerning with both criminals with and withourt natural identity.This article has 30 thousands words and is divided into three chapters.First chapter It relates relationship with identity and complicity through criminal principle and points out the characteristic of joint offence though basic theory of joint offence, Criminal of Natural Identity and Criminal of Natural Identity in joint offence as well as related theories and researches on legislation from other countries.Chapter Two It wants to solve problem whether criminals without identity could become accomplices in joint offence.First of all ,modern laws from different countries and various theories are illustrated and followed by analysis of criminal regulations and law as for identity and criminal of natural identity in china.The key on this issue is to assure the role of criminal of catural identity on joint offence and third section on three hundred and eighty two article of criminal law is just regarded as regulation to pay attention.Though reseach on two cases,the writer holds that whether criminals without identity depends on different situation.At least there exisit accomplices on three conditions:first when criminals with identity commit a series of crimes and criminals without identity commit a part of crimes ;second when criminals take advantage of duty and duty is utilized by both people;third criminal of natural identity is overlapped with common criminal committed by people with and without identityChapter Three How to define crimes including people with nature identity and without it.After analyzing merits and demerits of various theories,wrtier think criminal of natural identity conforms to principle of conviction on joint offence and composition of crimes, too.Whatever criminals without identity abet,help criminals with identity to commit crime or it is reverse;and criminals with and without identiry are both in crimes,they should published according to criminal of natural identity.At the same time, it is presented exceptions and how to define criminals with different identity in joint offence.Due to research on foreign principle of joint offence,writer think Chinese criminal laws and regulations should introduce partial joint offence in order to enlarge practice and theories.
Keywords/Search Tags:People without idenitity, accomplice, crime characteristic
PDF Full Text Request
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