Font Size: a A A

Reserch On The Forms Of Multiple Acts Crime

Posted on:2011-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360332955286Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Multiple acts.crime refers to a normative perpetrating act combined with two acts or plural acts, just as the crime stipulated in the Provisions of criminal law. And it is made up of several different crimes which have different nature and can not be an independent crime in criminal law. Most charges in Provisions of criminal law are single behavior crimes. But, many crimes in our daily life, such as robbery, rape and so on, are multiple acts crime. So the research about the theory of multiple acts crime is of great significance to direct the judicial practice. Because of the many behaviors in multiple acts crime, some questions of theory will not appear in a single act crime, such as the proceeding of a crime, the guilt range of a criminal and so on. The author take multiple acts crime as my research object because multiple acts crime relate to both some argumentative problems in the stop pattern and the discrimination problems about accomplice patterns and the number of crimes. The research of the multiple acts crime is of great value.Multiple acts crime has many characters, such as Legality, holistic, plurality, heterogeneity, Completeness. The crime with selective act and the gathering crime are removed outside the scope of multiple acts crime. Multiple acts crime in the criminal law are all direct intentional crimes. Its plurality contains two types of behaviors. The two types of behaviors are "commitment and commitment" and "commitment and omission crime". When talk about the commence of crime of multiple acts crime, there is an argument between Previous actions and Specific analysis.I in flavor of the former because the two actions of a compound behavior crime are all mentioned clearly in the Provisions of criminal law. And the two actions are all of the quality of the act of perpetrating. They are the basic part of the act of perpetrating. Besides, the "commence" is the difference between the act of preparatory and the act of perpetrating. That is to say:the act of perpetrating is the act after the proceeding. Now that the former act has the characters of the act of perpetrating and the acts of multiple acts crime does not contain the act of preparatory and the act of perpetrating, the former act should be looked as a commence of crime. The form of joint crime in multiple acts crime mainly discusses the problem between the joint crime and the successive accomplice perpetrator. When talking about a joint crime, a person without a dignity can become a real joint criminal when the compound behavior criminal has a real dignity. When talking about the successive accomplice perpetrator, the problem is mainly about the responsibility of the latter actor who only undertake the responsibility for the former actor's crime. The last part of this passage is talking about the multiple acts crime and the forms of quantity-in-crime. It also analyses the similarity and the difference between unified offense, assembling offense, implied offense and continual offense.
Keywords/Search Tags:Multiple acts crime, Stop form of a crime, Forms of joint crime, Forms of quantity-in-crime
PDF Full Text Request
Related items