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On The Relationship Between Accomplice And Status

Posted on:2009-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:M XiaFull Text:PDF
GTID:2166360242498490Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The relationship between accomplice and status is identity of the common criminal conviction and sentencing of impact.It has been expressly provided in Criminal Law of many countries and regions,especially the countries of Civil Law Systems,and it has researched deeply in criminal law theorists. Crimen of the joint crimes is merely in our criminal law minute,and theory is also more chaotic. Along with fundamental research gradually is thorough, More and more criminal law scholars take it as a basic question in the joint offense.The author attempts to do further discussion in the analysis foundation,and has a benefit by the time to our country criminal law legislation.This thesis is composed of four parts.Part one: the theoretical basis of the joint crimes.It is the solution of the joint crimes and the status theory premise. The different position of the eoretical basis of the joint crimes is the immediate influence and the joint crimes and the status relations limits. The theories of the joint crimes are abstruse, and complex. According to need of the question ,the certain basic questions are carried on the discussion,incloding essence of the joint crimes-----the crime theory together and the behavior theory together,The principal offender,the accomplice differentiate the theory, theory of the joint crimes'relations ----- dependent accomplice and independent accomplice.Part two: the status and the status violator outline. The part will study both the concept of status and the status violator and divisible standard of Status violator. Part one and part two establishes the foundation of part three ,four.Part three: accomplice and the convicted status .This part is main part of the thesis.Profiting from the Civil Law System'theory , and unifiesing crime of embezzlement and bribery in our criminal law minute,this part will detect the status violator being convicted helps the effect committing , committing (put criminal into practice commonly) commonly exactly to the abettor, although crime of bribery had been canceled in revised criminal law , acording to different concrete conditions, common person may be abet,help the status violator to put into effect committing crimes of bribery .Part four: accomplice and measurement of punishments. Bacausing measurement of punishments having no affect convicted, it is more simple. This part will detect two grows circumstance: when common person abet, help or have status person to put into effect, but common person do not make use of status , the status violator with common is accomplice;or essence is relation of an accomplice and the convicted status.When the status violator helps the common person to put into effect,they set up the average joint offense,and the status violator abetting , helping person is given during the period of measurement of penalty thinking.
Keywords/Search Tags:accomplice, status, common actor, abettor, helping perpetrator
PDF Full Text Request
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