Implicated Study

Implicated offense is a complicated problem in the theory of the forms of offense numbers. There is a controversy in the theories field and in the judicial department, which concentrate prominently on the definition and characteristics of implicated offense ,its implicated relationship and the principle of punishment. To unify the controversy in the theories field and in the judicial department, the thesis analyzes thoroughly the basic theories of implicated offense and put forward to a suggestion that we should unify the principles of combined punishment for plural crimes on punishing implicated offense. The thesis is composed of six parts.Part Ⅰ :The legislative history of implicated offense. In this part, the origin of implicated offense and the related circumstances in different countries are introduced.Part Ⅱ :The definition of implicated offense. By analyzing two kinds of definitions of implicated offense, the author thinks that an implicated offense is committed when a perpetrator practices more than one criminal act (objective act, methodological act or consequential act) for one purpose and each act constitutes a different crime respectively.Part Ⅲ: The characteristics of implicated offense. In this part an analysis is made on the different theories, and the author thinks that implicated offense consists of three characteristics: the plural behaviors, the different nature of criminal behaviors and the implicated relation of criminal behaviors.Part Ⅳ: The definition of the implicated relationship. On the base of analyzing different points, the author put forward to a new standard to judge the implicated relationship.Part Ⅴ: The principle of punishment of implicated offense. In this part by making an introduction about different theories and legislative circumstances in our country, the author draws a conclusion that all implicated offense should be punished by the principle of combined punishment for plural crimes.Part Ⅵ: The conclusion.