Font Size: a A A

Research On The Problem Of One - Sided Accomplice

Posted on:2015-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q L LiFull Text:PDF
GTID:2206330464951386Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Research on issues of common crime, both for theoretical research or for the practical application of the criminal law in terms of criminal practice, has always been a difficulty with hot, in which the unilateral accomplice research is even more controversial, and often not only become the evergreen of criminal law theory research, but also brings many challenges to the operation of the criminal practices. unilateral accomplice of crime can be described as a special form, as a ubiquitous social phenomenon in judicial practice, on the one hand based on the current level of criminal legislation has been improvement and abstract, on the other hand confined to the issue of criminal theories have many fierce dispute on the unilateral accomplice, failed to reach a pass said, research ultimately caused the one-sided presentation of issues of mutual complicity disjointed legislative chaos theory and the three levels of the judiciary, the legislative source of law is difficult to provide support for the practice, the theory is not yet consensus judicial practice operations, even more lacking unity, clarity and normative. In this paper, the study of the problem stems from unilateral accomplice involved in resettlement compensation together bribery crimes Intermediate People’s Court of Chongqing City, a recent hearing in the case proceedings. This paper studies on the unilateral accomplice based on this specific case, including the specific content, constituent elements and forms.This paper is divided into four parts:The first section briefly describes the basic situation of selected cases, including the case of cause of action, the basic facts, disagreements and focus of controversy of cases.The second part of the unilateral accomplice were jurisprudence analysis, the main analysis of the origins of unilateral accomplice theory, the evolution of domestic and foreign legislation, and nature defining, considers that unilateral accomplice has constituted a separate crime patterns.The third part of this article is the selected case analysis and conclusions defining of cases. Around the analysis of the elements of common crime and accepting bribes, considers that the Zheng lacks the subjective element and two-way contact of the Jointly commit of accepting bribes, should not be an accomplice in the case of bribery, but separately founded bribery, constitute a separate offense of bribery unilateral form of complicity.Section IV summarizes the trial of unilateral Accomplice judicial practice experience for case analysis, including analysis of the special elements characteristics of unilateral accomplice, components, and legislative model structure which becomes the independent patterns of crime of the unilateral accomplice, in order to provide reference information to the trial judicial practice of the unilateral accomplice.
Keywords/Search Tags:unilateral accomplice, common crime, accepting bribes, patterns of crime
PDF Full Text Request
Related items