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On The Indirect Offence

Posted on:2011-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360305477044Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Indirect Criminal is an important concept in a civil law criminal law theory t. Germany and Japan Study of criminal law scholars is deep, Chinese and American and English Study of crimimal law scholars is little. China's current criminal law did not expressly Indirect Criminal provisions, but the theory and practice, acknowledged the existence of indirect Principal. Since the introduction of the theory can solve problems that exist in practice, on the correct application of criminal law, fighting crime, building the rule of law society is significance .criminal law scholars have recently begun in China to study deeply. On the study of indirect guilt of the increasing number also, but different point of view, the definition of the concept of divergence, especially for the Indirect Criminal types of identification, start and end of indirect guilt, indirect guilt to stop the characters express their views, different opinions. In order to better integrate theory with practice, it is necessary for in-depth, detailed study. This drawing civil law, especially in Germany and Japan's criminal law theory and the history of evolution of indirect Principal, theoretical situation to be sorted, and the concept of indirect guilt, there are patterns and other related issues has been researched.Besides the introduction and the conclusion,the paper is divided into the following six parts:The first part of the Theory of Indirect Criminal History and legislative profile. This section specifically addressed to compare the indirect Principal in civil law, common law and the embodiment of ancient China and the distinction between law.The second part of the theory of indirect Principal dispute. Is recognized as an independent Indirect Criminal complicity of a special crime. There sure that criminal law scholars and negative said. The main advocates say for sure that there is a common crime that the common sense of the principal, said that an accomplice from the property. Does not recognize the independent status of Indirect Criminal theories that mainly act together to restrict the expansion of Principal of and complicity with the independence of that.The third part of the concept and characteristics of Indirect Criminal. Described in this part of the first Principal of the concept, then only the introduction of the concept of indirect Principal. And the definition of the doctrine of Indirect Criminal representative, such as: use of tools that cited crime and non-common to be introduced and reviewed said. Second, the composition of the indirect Principal characteristics: the objective aspects of features, subjective characteristics and the main features of explanations. Finally, the basic characteristics of indirect Principal: Principal, non-common criminal, criminal responsibility using the object identity and independence and directness as to the specific set.The fourth part of Indirect criminal type. This section first lists a number of authoritative scholars on the existence of indirect Principal types for a simple introduction, then, combined with numerous family, according to their understanding of the existence of indirect Principal for a systematic classification, divided into six categories , two levels to be specifically addressed. Specific categories are: (a) the use of people without criminal capacity to commit a crime: (1) the use of people below the age of criminal responsibility to commit the crime; (2) the use of mental patients commit; (b) the use of others or accidents to commit the crime; (c) the use of other people's lawful implementation of the crime; (d) the use of another person's negligent acts committed the crime; (e) the use of others from harmful acts to commit the crime; (f) the use of a deliberate tool for the implementation of crime: (1) No purpose of intentionally using a tool to commit the crime; (2) the use of a tool-free status of the implementation of intentional crime.The fifth part of Indirect Criminal Identification. The part of the specific analysis to compare the indirect criminal and personally committed, instigator, the difference between Unilateral. Analysis of their characteristics, the specific comparison of their similarities and differences between the focus on the difference between its and abettor. The first, this section from five aspects: the subjective aspect, behavior, use of the object, stop the standard form and the different penalties compared to better distinguish Indirect Criminal and abettor. The second, Expounds the start of Indirect Criminal period of subjective, objective and individual-based, said that the different point of view, I agree with the subjective, said that to take advantage of those who began to be used when the implementation of induced behaviors practiced Indirect Criminal start time. Principal of the end of the period of indirect, the author argues should be used by the end of the standard behavior. At last,prepare Indirect Criminal offenses, crime and criminal attempt to suspend for a concrete narrative.The sixth part of Indirect criminal penalties. This part of the author, based on the views of many scholars, according to their understanding, advocated Indirect Criminal penalties should follow three principles: the principle of immediacy, independence principle and the principle should be expected within responsible.
Keywords/Search Tags:Indirect Criminal, Indirect Criminal Identification, indirect guilt begin and end
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