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A Study On The Principle Of Deregery

Posted on:2015-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XiaoFull Text:PDF
GTID:2176330431476769Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Implicated offender is an important concept in our country crime law. Because the general of our country criminal law has no clear defined, some about implicated offender provisions in the specific provisions of criminal law and judicial interpretation and these rules are not the same, even contradictory. About in the punishment of implicated offender, there is a big different in theoretical and practical circles.This paper first analysis in the main theories of implicated offender, described the implicated offender situation of development in some countries and states. Analysis the concept、feature and the principle of punishment. Then,in the form of listed by legislation and judicial interpretation analysis the situation of implicated and the causes of this situati on,propose solutions methods. In the perspective of the Mekong tragedy, analysis of the behavior of NuoKang et. Think NuoKang criminal groups constitute Implicated. At the time of their crimes be punished without having to adhere Implicated a heavy penalty principle can combined punishment for several crimes. At last,on the basis of the guidelines, implicated should combined punishment for several crimes, and analysis the reason of combined punishment for several crimes. However, implicated isin the different from ordinary crimes, so when to combined punishment for several crimes involved implicated should be different with ordinary combined punishment for several crimes In this paper from the quantitative aspects of combined punishment for several crimes, Implicated graft should consider the relationship between the behavior of a few implicated. According to the different relationship between implicated, in a certain extent, different from ordinary combined punishment for several crimes. I Hope that through this way to make in the principle of fault can conform to the principle of adaptation, and can make implicated principles be unified, ultimately achieve the goal of fairness and justice.
Keywords/Search Tags:Implicated offence, The principle of choice of the most serious offense and themost severe punishment, Combined punishment for several crimes principle, "The Mekongtragedy", Crimes adapt principle
PDF Full Text Request
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