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Selective Counts Of Research

Posted on:2007-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2206360185471703Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The paper consists of four parts and discusses some basic theories concerning the selected accusation and some difficulties in judicial determination .In part A,the author comparatively illustrates different opinions on its concept and draws a conclusion about the difinition :The selected accusation refers to such which is prescribed in a conceret article of crime containing the complex constitue of crime with two or more constitutional element items to choosing from and can be dealt with connected accusations or separate accusation but without cuculative punishment in a particular case .Then the author analyzes its basic traits which are of legality,closely the relationship,and of separation as well.Finally ,the author puts forward the classification of selected accusation,into eight categories based on the legislation of our country's crimminal law.In part B, the author explores the basis as well as values for the selected accusation .The former is composed of the selected facts about a crime,selected constitution of crime ,and social harm. The latter is to avoid the over-quantity of accusations in special provisions of criminal law and to reduce the chances of cucullative punishment on an offender,reflecting the demand of the mildness of punishment.In part C,the author studies mainly the difficulties in determining the crime in judicial practice with regard to the questions of whether to add up the amounts and targets of the crime ,the relationship between such crime and other involving crimes such as absorbal offenses ,in offenses and successive offenses.At last ,it studies the problem of joint offense.In part D, the author puts farward some legislative suggestion such as the perfection of the facts, the deletion or a mengdment about some selected accusation , properly the separation of some selected accusation,the dependence of the crime as well.
Keywords/Search Tags:the selected accusation, constituation of crime, judicial determination, legislative suggestion
PDF Full Text Request
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