Researches On "Other Means" Of The Crime In Criminal Law

Any criminal offence was implemented through certain crime means or concrete crime method, there are three kinds of types on regulations of the concrete crime means in specific provisions: first, does not make the regulation to the means of the concrete crime; second, make clear regulation to the means of the concrete crime; third, make clear regulation revealing abstract regulation and combining together to the means of the concrete crime; this abstract regulation is called "other means" of the crime in the text, by dividing the clear crime means in the clause to distinguish with corresponding criminal law. In the ten chapters of specific provisions, seven chapters involve the regulation of 25 clauses "other means" of the crime, the legislative form of "other means" of the crime compares with legislative form of the other laws department, using fuzzy language, dividing into unequal distribution and strengthening maintenance of the civil order; take such legislative form, having its deep social background, characteristic of legal language and reason of the result of social income of the legislation." other means" of the crime mean abstract regulation that have sure influence on declaring guilty or measurement of like crime means and as an addition to crime means and they have difficult distinguishing nature, related and legal characteristic. Natural persons and units can all become subjects of " other means" to utilize crime. The crime of " other means" of the crime in criminal law mostly commit crime on purpose directly, but the 2nd paragraph of article 115 of criminal law is an exception, which stipulates: "make the previous term guiltily, they should be subject to fixed-term imprisonment of not less than three years but not more than seven years in fault; If the plot is lighter, they should be sentenced to the fixed-term imprisonment or detention under three years." That is to say the subjective respect of "other means" of the crime is the fault in the regulation of this kind, including careless and inadvertent fault and overly self-confident fault. Implement the criminal offence and embody through the actor in objective respect of "other means" of the crime, it is mainly shown as the personal dangerous and social harmfulness of "other means" of the crime, can embody various forms in concrete criminal offence such as technology or not. The specific provisions make some different regulations to constitutive elements of crime, among them, as to some crimes, for using the crime method that criminal law stipulates as dividing the crime and non- guilty demarcation line, "other means" of the crime, as the crime of some particular crimes and non- guilty demarcation line, while asserting, will combine the other plots of the crime; and "other means" of the crime, to this crime and his guilty differentiation, mainly concentrate on the similar crime, crossing with these three types of coincident crime, transformation crime and original sin. In the judicial practice, the several offences are often similar to a crime in some cases, but "other means" to make crime that purpose is linked to closely become and distinguish the key of a crime and several offences, to the behavior in a series of development, generally it is regarded as a crime, but in some cases, in the course of crime, implement...