Implicated Theoretical Research

This thesis is composed of foreword and six parts.In FOREWORD, introduced the definition of the implicated offense and pointed out the questions of implicated offense facing. As an important part of the theory of crime, implicated offense should be paid more attention.In PART 1, the definition, characters and essence of implicated offense are fully studied. Implicated offense is an offense in which an offender committed a crime as his aim. While the method used to commit the crime and the act of the consequence contravene the other charges. Implicated offense has several characters in its subject and object aspects.In PART 2, the thesis demonstrated that implicated offense is not a simply offense. On the contrary, it is composed of several crimes in fact. In PART 3 and PART 4, the thesis introduced the arguments about how to commit the implicated offense. There are different ideas about how to determine the implicated relationship between the several independent criminal acts of an implicated offender. Of the ideas, the theory of eclecticism is quite scientific. The theory means analysis and determination should conducted from both subjective and objective aspects.In PART 5, the thesis introduced the arguments about if the theory of implicated offense should be abolished or not. The writer hold the view of retaining and continue to study the theory of implicated offense. In PART 6, implicated offense was compared to other similar offenses.As to the similarity and difference between the implicated offense and inclusive offense, imaginative joinder offense, and integrated offense, theoretical study should be further conducted, and criminal law should be perfected.