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One-sided Accomplice

Posted on:2007-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:S F ZhangFull Text:PDF
GTID:2206360185471981Subject:Law
Abstract/Summary:PDF Full Text Request
One-side accomplice is a controversial issue in criminal theory. It means one party commit joint hostility but without communicating the crime intention to the other party. Strictly speaking, it's different than joint hostility, because one-side accomplice is the unindirectional liaison of idea. So, should one-side accomplice be affirmed as joint hostility? If yes, what are the conditions to convict it? Should the scope include organizing offender, abetting offender, committing offender, and aiding offender? How to make punishment? The author will cover above aspects in this dissertation for a study and discussion, to bring forward his own opinion.Besides the introduction and conclusion, this dissertation still includes four articles:Article one: the definition and the controversy of one-side accomplice. After study many definations regarding one-side accomplice, the author think, one-side accomplice should be treated as one crime situation instead of kind of criminals. And this part analyzed the reason of having one-side accomplice theory from theory and practice two aspects, and analyzed different points of view already exist.Article two: study and argumentation regarding the convict of one-side accomplice.Fist, in this part, the author point out infringing the legal interest is the essence of one-side accomplice, one-side accomplice can be a special patient of joint hostility, and it can be accordance with necessary conditions of joint hostility and the principle of consolidation the objective and subjective aspects.Article three: the scope and necessary conditions of one-side accomplice. Based on analyzing the controversy regarding the scope, the author defined the necessary conditions for one-side accomplice, which is: subjectively there exist unilateral...
Keywords/Search Tags:One-side, accomplice joint, hostility abetting, offender joint, principal offender aiding offender
PDF Full Text Request
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