On Implicated

In recent years, implicated offense cause a controversy in the theories field and in the judicial department, which concentrate prominently on how to judge the relation of implication and how to punish it. The thesis analyzes thoroughly the basic theories of implicated offense in criminal law and put forward to a suggestion that we should unify the principles of joinder of punishments for plural crimes on punishing implicated offense.The thesis is composed of four parts with about 50000 words.Part I : The legislative history of implicated offense and its judicial present conditions. By reviewing the history of implicated offense, the author thinks that there are some characters in its legislation: the degree of statutory of implicated offense is very low and few nation have the positive law; implicated offense places at the legislative edge in the our country, which reflect that the legislators have contradicted attitudes to it.Part II: The definition and characteristic of implicated offense. Analyzing four kinds of definitions in the scholarship history, the author thinks that implicated offense refers to a criminal pattern that when a criminal puts into practice a crime( namely the offense) for end purpose, its means behavior or result behavior violate the other criminal charges (namely other offense).Implicated offense consists of five characteristics: the plural behaviors, independence offense of criminal behaviors, the different nature of criminal behaviors, the implicated relation of criminal behaviors and criminal behaviors which surround an end crime purpose.Part III: The study of the implicated relation. The implicated relation is an extremely important and very complicated problem, which is essential characteristic in the theories of implicated offense. On the base of following the mutually consistent principle between the subjective and the objective and according to the realistic value of the maneuverability, the author put forward to a new standard to judge the implicated relat ion.Part IV : The choice of punishment mode of implicated offense and the re-consideration of law in force. The author believes that the punishment mode of implicated offense must be single punishment mode and shall not be double punishment mode. The thesis analyzes the benefit and fraud brought by the principle of joinder of punishment for plural crimes and the principle of punishment from a severe sentence and draw a conclusion that all implicated offense should be punished by the principle of joinder of punishment for plural crimes.