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Study On Issues Of Status Offence And Joint Crime

Posted on:2008-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:W H YangFull Text:PDF
GTID:2166360242973477Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The theory of status offence and joint crime is a difficult and complex problem. it is a controversial question in theory how to cognize status offence in joint crime. The status offence problem is much more studied in civil law countries especially in German and in Japan. However, it is not provided expressly in Criminal law in our country. Some scattered regulations in judicial documents are only the principles to resolve a individual case. These regulations are rather unilateral and short of systematism.This article principally defines that the status affects the consisting joint crime. To settle this problem, it is inevitable to discuss status and status offence. It is the important precondition to settle the problems such as concept, classification of status offence and the concept of eigenhandige verbrechen . At the other hand, it is necessary to study the basic theory of joint crime when studying the theory of status offence and joint crime. This article also researches three theories about the basic theory of joint crime. This article discusses the status offence and joint crime and provides a new idea that pure status offence and impure status offence are defined according to part joint crime theory and joint offender hypotaxis theory.This article includes four parts. The first part is the introduction of status and status offence. It sets forth the historic source of status and definition of status in Criminal law in our country. Then discusses the concept and feature of status and status offence. The second part expounds the classification of status offence in law and in legal theory combining the related theory in our country and in other countries. The third part elaborates the basic theory of joint crime and sets forth complete joint crime theory, part joint crime theory and activity joint theory, and provides the author's opinion. The fourth part discusses status offence and joint crime from two aspects including pure status offence and joint crime and impure status offence and joint crimes.
Keywords/Search Tags:status, status offence, pure status offence, impure status offence, joint-perpetrator
PDF Full Text Request
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