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Composite Behavior Committed To The Basic Theoretical Research

Posted on:2007-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2206360185472464Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Multi-act crime is a special form of behavior coming from the complexity of act in composing constitutive requirements of a crime .In judicial practice, multi-act crime exists impersonally, such as rob and rape. However, such crimes seem to be ignored by us because of their small quantity. Theory serves for practice and practice also needs guidance from theory. For a long time, from the mono-act theory, we are confused in using multi-act in practice, while some dead angles which have failed to be settled by mono-act theory seek breaching point. Theory and practice are both in need of research of multi-act crime. It is just the ultimate purpose of this paper.The full text is divided into four aspects, including the concept of multi-act, multi-act's characters and types, multi-act crime and shape of crime quantity, multi-act crime revision shape. About 33,000 words are given for comparatively deep study.Concept of multi-act Act in criminal law should be comprehended from two lays-the form of crime and behavior. By analyzing composing act and act of perpetrating, it gives conclusion that on the lay of crime, act embodies with number of crimes. As the core element, this act ought to be beard by act of perpetrating .On the lay of behavior, it explains amount and content of act and it should be represented by type-act here. Finally, multi-act is defined to be such form of act, that is, act of perpetrating of material crimes regulated in criminal law comes from the combination of several certain and normative type-act.Characters and types of multi-act crime Multi-act has four characters. Being legal, it means the complexity of such act is set in material law items; Being single is to say it's only one crime, no matter judges from essential or original aspect; Complexity points that type-act is plural and compounding; Certainty expresses accomplished crime should comprise entire type-act facts. By inheriting general theory, this part also has classified multi-act crime. Analyzing from static criterion: (1) it can be defined into implicated, successive and coordinate ones according to combination manner of type-act; (2) it can be divided into "commission-commission", "commission-omission" and "possession-commission" ones based on the form of type-act. From dynamic implement: (1) it can be classified into certain complex and arbitrary ones in the light of whether type-act should implement in practical process according to advanced order; (2) in term of whether there is space time interval in...
Keywords/Search Tags:Multi-act crime, Multi-act, Act of perpetrating, Type-act, Shape of quantity-in-crime
PDF Full Text Request
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