Font Size: a A A

On Successive Joint Crime

Posted on:2010-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:K YangFull Text:PDF
GTID:2166360275460924Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As criminal phenomena, the kinds of questions, such as whether successive joint crime can constitute joint crime, the liability of complicity, are disputed in the criminal theory community and judicial practice. By using the criminal theory of civil law, the paper concludes the scope of criminal liability referred to successive joint crime according to the reason that constituting successive joint crime in criminal law. The purpose is to settle the conviction and confirming liability of successive joint crime in judicial practice and perfect our country's joint crime theory.This paper ,about 42000 words, is divided into five parts.In the first part, the paper introduces the main thesis and precedent of successive joint crime in foreign country judicial practice (mainly Japan). On the base of analyzing and evaluating various theories and precedent and binding on our country's criminal law provisions, the author affirms successive joint crime as special form of an complicity. In foreign countries, successive joint crime theory is put forward early and the research result is much rich, so , the research is much advanced. there is also the existence of related cases in our country's judicial practice, as the qualitative treatment of common crime. Combined with our criminal law and the complicity theory, the author believes that successive joint crime could constitute Joint Crime, denying the conclusion that it couldn't constitute joint crime due to the different opinions about undertaking Liability.The second part studies the concept and scope of successive joint crime. In this part the author firstly introduce the different theoretical concept about successive joint crime , and then proceed to the comparison and analysis of merits of the pros and cons. The author come to his own opinion: successive joint crime refers to the situation that doer has began to implement the crime ,and then, A person who knowingly realize the nature of the act , firstly contact with the doer that has done before and form a consensual crime, alone or together with the people after the implementation of the remaining acts of common crime patterns; in order to constitute an act of the elements of the implementation of Center in a single act of an accomplice, it dissertates the forms of multiple act crime and single act crime.The third part sums up the constituting conditions of successive joint crime in accordance with the common elements of joint and the characteristics of successive joint crime that is to say, it is a prerequisite for the establishment of successive joint crime that doer has started to implement the crime; it must be in the process of implementing crime that the latter doer joints the crime the two doer has formed the common crime intention; the later doer either alone or with the first person carry out the remainder of common criminal acts, and then reached to determine whether there is general standard for successive joint crime. In addition, Cognition Errors in successive joint crime is briefly sorted.The fourth part introduces different recognizing problems of Criminal Number forms in successive joint crime the five kinds of Criminal Number forms are specifically analyzed in successive joint crime, such as Successive Committing Crime, continuous crime, Plural Crime, inclusive offense, combinative crime. the overall conclusions are that as long as it is in accordance with the constitution of successive joint crime, successive joint crime could be set up.Partâ…¤is about the classification of successive joint criminals and the ascertainment of liability. The author insists the broader notion of "complicity" areas. In accordance with the function and division in joint crime it is subdivided into: the principal offender succession, inheritance and succession to assist persons convicted of the instigator, based on analyzing the concept and composition of their elements, The author believe successive accomplice,successive abettor exist together, but successive instigator couldn't exist in judicial practice, because abetting is a mens rea of the cause, which can only be implemented in the crime before the action, and successive joint crime is the first doer which has begun the implementation of criminal acts it does not exist with the possibility of abetting. Only at the instigation of acts of doer, it is being implemented to increase elements of behavior as an independent crime. In order to set up a successive acts of the instigator, the perpetrator investigate the criminal liability of successive joint offenders. Firstly, the author introduces the general accomplice liability cases, and makes it easy to start. Then an accomplice to successive joint crime bear criminal responsibility. Human Behavior at the common acts of crime should be found in the entire process of crime. The criminal responsibility of successive joint offenders should be done this way: First of all, judge doer after the acts involved in the first acts of accomplices which belong to successive joint, then it is criminal accomplices and the basic premise to determine the basis for the establishment of an accomplice. elements of successive joint crime is mainly from the temporal and spatial conditions, the subjective element, objective elements to determine the three aspects; Second, after certain people have done the acts and the establishment of an accomplice after the act, judge in advance human behavior caused by the effect of crime which is still continuing . If the effect of implementing referred to the early doer continues, the doer take use the kind of effect, then, it needs to judge whether the effect caused by the early doer is continuing for the latter doer. If the answer is yes, the latter doer hasn't burdened the criminal liability.In a word, through analyzing these questions, the author put forward his own opinion that Successive joint crime can constitute joint crime and each complicity undertake the liability in accordance with the function he bears in the joint crime.
Keywords/Search Tags:successive, joint crime, complicity, criminal liability
PDF Full Text Request
Related items