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Research On The Subjective Element Of Joint Crime

Posted on:2008-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:L R TanFull Text:PDF
GTID:2166360242957359Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The subjective aspect of joint crime is an important criterion of cognizing joint crime,and also the subjective foundation of joint criminalist take on the criminal duty.But now academic researchers are rarely take them as a sole important question. Because of lack of clear decide,they are dispute fury on what is joint crime and does together defect is it's subjective aspect. Our criminal law prescript the subjective aspect of joint crime is joint criminal intention only,but research on this topic is superficial. So it is why I take this as my title of master study.By connive,divide the work, joint crime make crime easy to practise and countermine spy and escape shock. That why they must be single prescripted in criminal law. Essentially speaking, joint crime should be called " corperate crime " .Because of the subjctive element of joint crime mind formated by together criminalists, joint crime have much community harm than sole crime,they must communicate each other to take together crime into existence. So the subjctive element of joint crime is the joint criminal intention,not the negligence.The joint criminal intention is a special form of criminal intent, it has commonness of sole criminal intent ,and also has some specialty. Inscape for example,it has double cognition and double will. What's more, the joint criminal intention isn't the simply adding of individual intent,it take them together,make the together offenders'action formed an organic integer,the essence is idea connection. Want to understand together crime ,we must understand the idea connection between together offenders. So this article take much research in the meaning,character and form of idea connection,definite the cognizance standard of this,and this is the most innovate content of this article.Based on different class standard,we can set off the joint criminal intention into different kinds. For more definitude the meaning of the joint criminal intention,this article take the work-divide of together offenders as a standard,take the joint criminal intention into practice intent,organize intent,abet intent and assist intent.Based on ahead content, this article spread discuss on practice over limit action over together intent,unilateraly together crime and other doubtful questions of justice practice. Practice over limit action over together intent actually changed the content of together intent,and the subjective connection between together offenders has been lost. So this action is individual action. Academic researchers has all agreed on the character of practice over limit action,how to confirm what action is "practice over limit action" is the key question. This article still distinguish the together practise offender,organizer,abettor and assister,toward the practice over limit action of organizer,the auther advanced the standard of "overstep foresee on subject,without control action on impersonality".In the end , this article reasoning the form of idea connection is not only including bidirectional but also including unilateraly connection. This point of view striked traditional theory of joint crime,breach the thinking custom of "the joint criminal intention is only bidirectional idea connection",so it resolved the question of how to congnize the character of unilateralism complicity,resolved the gist of unilateralism complicity's criminal duty,remedy the major minus of the theory of joint crime.
Keywords/Search Tags:joint criminal intention, the subjective element, mental connection, practice over limit, the one-sided accomplice
PDF Full Text Request
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