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Common Crime Committed By The Identity

Posted on:2005-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2206360125451788Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
A part of crimes of the penal code only can be violated by the one having special status or the status affecting the degree, this sort of crime is named status offense. It includes pure status offense and impure status offense. At the same time, there are extensive branching in some concrete problems about status offens'e ( for example, the problem of affirming the special status, the problem of affirming no - status person and status person are partnership in crime).This article proceeds the study of the status in joint offenders with the lawmaking of status offense.This article is composed of three parts, totally more than 35,000 words.Part 1 is to discuss the basis of the lawmaking of status offense. Then the writer analyzes the content of the social bane concept within our country penal code. Draw a conclusion: The status of pure status offense decides the behavior sin or not, the status of impure status offense affects the degree of social jeopardize .Part 2 is to inquiry the boundary between pure status offense and impure status offense. Think the boundary do not consist in the criminal charges whether same alike, but consist in which one hand the status affect.Part 3 , the point of the article, is to study the problem of the status in joint offenders.Think no-status can be the common principal offender with the status offense. When the status instigate,assist the no-status commit offenders, it should be the common principal offender with the status offense. Under the situation of no-status with the status together into the impure status offense, the status should be punishment fits the impure status offenses and the no-status should be punishment fits it's normal crime.
Keywords/Search Tags:Committed
PDF Full Text Request
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