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The Common Fault Commits A Crime The Accomplice-rization Studying

Posted on:2008-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2166360242473478Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Our country "corporal punishment" the 25th the 1st is stipulated: The "joint offense is all above common calculated crime , the 2nd regulation refer to 2 people: The common fault commits a crime above "2 people , is not punished for the joint offense; Ought to shoulder criminal liability's , impose punishment on according to that crime committed by them parts for". The tradition corporal punishment theory thinks that common involuntary crime does not treataccording to the joint offense. Pass the acquaintance and the argument having analysed , establishing the main body of a book to home and abroad's legislation and the current situation studying about common involuntary crime: Common involuntary crime should set up a joint offense. The person for the following reasons: As for criminal legislation aspect, our country legislation defect currently in effect is difficult to solve or is difficult to correct, appropriate resolve the punishment fits the crime of common fault criminal act people problem; As for criminal our country judiciary aspect, be confronted with equivocal awkward aspect in practice, criminal legislation sum theory props up need each other; As for criminal theory aspect, common involuntary crime solid theory basis having existence; That from that lightness puts criminal policy aspect into effect, corporal punishment establishes common involuntary crime is very necessary; Aspect looks at the need developing from modern society , admits common involuntary crime , accords with developing trend about involuntary crime theory. The characteristic from common involuntary crime is visible , this commits a crime peculiarly the form has characteristic demanded by joint offense (theoretical), is that upper objective behavior intercommunity and upper subjective mentality intercommunity (meaning move nature mutually) , fit therefore common involuntary crime and the joint offense characteristic are fundamental, from it's composition testifies common involuntary crime once again on should be a joint offense. The range having divided the common involuntary crime people's, has made common the involuntary crime be convicted and the principle imposing punishment on clear, proposed that to heavy structure tentative plan of joint offense.
Keywords/Search Tags:Common involuntary crime Joint offense, common involuntary crime people, common fault legal consequences for committing a crime
PDF Full Text Request
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