Implicated Basic Theoretical Research

The thesis is composed of an introduction and 3 parts.In INTRODUCTION, it is introduced that Implicated Offense has been facing an advocacy-and-abrogation controversy and, as one form of Crime Number, should be attached great importance to.In PART I, the concept, character and essence of Implicated Offense are fully studied. Implicated Offense is an offense in which an offender commits an intentional crime as his aim, while the method used to commit the crime and the act of consequence, both happening in the course of committing the aim crime, contravene other charges. Implicated Offense has some characteristics in its subjective and objective aspects. As the essence of Implicated Offense, Implicative Relationship embodies in the characteristics. Implicative relations should be determined according to the theory of eclecticism, in which both the implicative intention and the implicative conducts are equally taken into account.In PART II are several problems concerning the determination of Implicated Offense. Implicated Offense is often confused with other offenses, such as Absorbable Offense, Successive Offense, Imaginative Joinder of Offense, and Integrated Offense. Therefore, attention should be paid to their distinction. Implicated Offense only lies in intentional crimes, and its aim crime should be a directly intentional one. As an intentional crime, Implicated Offense also has some suspending forms, like Accomplished Crime, Preparation for Crime, Criminal Attempt, and Discontinuation of Crime.In PART III is Criminal Liability of Implicated Offender. An implicated offender should be given graver punishment in accordance with the law penalty of the graver or gravest crime of an implicated offense, which is called "Double-Aggravated" Principle. In our legislation and jurisdiction no agreement is on Implicated Offense. Besides its subjective and objective factors, there are some other circumstances, which influence the criminal liability.