Font Size: a A A

Research About The Relative Question In Status Crime And Joint Crime

Posted on:2008-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360212993774Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the criminal laws, the main body of some crimes is constituted by special main body, which is generally called status crime in the field of criminal laws. Theoretical studies about the status crime have theoretical value and practical significance to conviction and the measurement of penalty for the behavior. Regarding the status question in criminal laws, a series of arguments about the joint crime with person who has special status participate in is most fierce. Therefore, this article tries to make a discussion about related questions in joint crime and status.This article altogether is divided into five parts to discuss the questions about joint crime and status.The related concepts to the status is recounted in the first part, the concepts of status and status crime along with the questions of status crime and joint crime constitution and so on are also included.The second part has mainly discussed the determination of accomplice condition in joint crime with accomplice of status participate in. In joint crime with accomplice of status participate in, the determination of accomplice condition is one of topics argues many. This part try to discusses the question of accomplice condition in joint crime with accomplice of status participate in from several aspects including" whether the accomplice without status can be common perpetrator of standard status crime or not "and "the determination of instigate and help behavior in status and joint crime" and so on.The third part has mainly discussed the conviction and status in joint crime. How to determine guilt is a controversial question in the filed of criminal law in the mainland-legal system countries, this question has not been able to solve after going through a long-term disputation in the field of criminal law theory in our country. Taking implement behavior and instigate behavior and help behavior as congruent point, this part has researched the question of conviction and status in joint crime.The fourth part has mainly discussed the measurement of penalty and status. status not only influence conviction of joint crime, but also has a great influence on the measurement of penalty for joint crime. The latter is mainly introduced in this part.In the fifth part, the author expound the legislation ponder of himself about status and joint crime.
Keywords/Search Tags:status crime, joint crime, crime constitution, perpetrator
PDF Full Text Request
Related items