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Research About The Joint Offenders Classification

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ChenFull Text:PDF
GTID:2166360332455287Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint crime is a complex form of crime, which social harm is generally more serious than alone crime. The correct classification of the joint offenders can help us clearly see the harm to society of every participant's behaviors reflected by function and action-division, and it is also helpful for the conviction and sentencing of the judicial authority. Joint offenders classification is to distinguish the criminals according to certain standards to solve every offender's conviction and sentencing issues. There are mainly function classification method and action-division classification method all around the world. After comparing their effect of the conviction and sentencing, the author thinks action-division classification method is superior to unction classification method. First of all, action-division classification method conforms to principle of a legally prescribed punishment for a specified crime. Secondly, action-division classification method can successfully solve of every participant's conviction in complex joint crime. Thirdly, action-division classification method's deficiency of sentencing can be made up by fixing sentencing principle of offenders except principal offender. The author agrees with four types of perpetrator, organizing offender, instigator and accomplice.Chinese criminal law divides the offenders to prime culprit, accessory offender, coerced accomplice and instigator which is a role-based, supplemented by division way. However, this method has many contradictions and problems in theory and judicial practice. Whether can instigator become an independent kind of the joint criminals? How to determine the "major role" of principal offender? Why can the coerced offender and accomplices be together? There are also many doubts about conviction of joint crime offenders, sentencing of principal offender, growing form of complex joint crime, and so on.Instigator and accomplice are joint offenders in the narrow sense of continental legal system, and they can be divided into a number of specific types with different standards which are important to improve joint offenders classification in our criminal law. Action-division classification method has a very deep spring with the formulation of our criminal law. The unregistered existence of perpetrator, instigator, accomplice and organizing offender in current criminal law provides theory soil for action-division classification method. The significance of behavior nature to conviction in judicial practice is practical basis to improve joint offenders classification with action-division classification method. We can improve joint offenders classification as followings:Those who conduct the basic behaviors of crimes are perpetrator. Those who play organization, leadership, planning, and commanding role in common joint crime or criminal group are organizing offender. The stable criminal organization which three or more persons form for the implementation of joint crime is criminal group. The person who abets another person to commit a crime is an instigator. The person who Abets or helps instigator is an instigator. The sentencing of perpetrator can be reference to sentencing of instigator. The person who implements instigation based on circumvention is instigator. The person who supports the implementation of crime is accomplice. If perpetrator doesn't know accomplice's existence, accomplice can also be punished. The person who abets or helps accomplice is accomplice. The sentencing of accomplice can be lighter than that of perpetrator.
Keywords/Search Tags:Joint offenders classification, Function classification method, Action-division classification method, Joint offenders in the narrow sense
PDF Full Text Request
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