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On The Imaginative Joinder Of Offenses

Posted on:2008-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:N ChenFull Text:PDF
GTID:2166360215480510Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The imaginative joinder of offenses indicates a type of offence that one crime may offend more than one offence for its endangered act in part or as a whole against other objects. It belongs to the area of quantity of crime formation, which is an important appearance of the theory of the number of offenses. There different opinions about the imaginative joinder of offenses among scholars in the field of criminal law at home and abroad. It is also a common kind of crime pattern in the legal practices, therefore many countries and areas admitted the imaginative joinder offenses in criminal law. Although it is not expressly described by law, this kind of crime pattern is admitted in theory and practices in our country. The criminal scholars in our country also pay much attention to the research of imaginative joinder offenses. It is helpful for theory area and practice to grasp the general view of the basis issues.This thesis uses the theory of law, logical, sociology and so on, based upon analyzing the advantaged theory home and abroad, and puts up the concept of the imaginative joinder offenses standing at legal practice. It sums up the two essential characters of the imaginative joinder offenses, and gives opinions of its quantity of crime in substance by analyzing and comparing the quantity of crime in substance. This thesis discusses the object aspect, the subject aspect and the charge of this crime, concludes the types of this crime. Elaborates the meaning of"one act", explains the reason of different type of the imaginative joinder offenses. It talks about rationality of the principle of inflicting a heavier punishment for a serious crime, based on vetoing other principles.
Keywords/Search Tags:the Imaginative Joinder of Offenses, Essential Character, Quantity of Crime in Substance, Constitution of Establishment, Principle of Punishment
PDF Full Text Request
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