Implicated Offense, as a more complex form of criminal theory of the offense numbers in the Criminal law Forms.Theoretical studies have always been controversial and difficult. Based on the domestic and international situation and the summary about legislative and judicial doctrine, make the concept of implicated offense clear , and affirm further the necessity of the theory; Analysis three implicated relationships , upholding the unity of subjective and objective perspectives. Subjectively based on the same criminal purpose and Objectively speaking, the root behavior of crime and methods behavior (or results behavior)to be legally act on the causal relationship; Discuss the Method of Committing Crime systematically based on the theoretical foundation, and think only the"an optional re-aggravating" as the basic principles of implicated Offender sentence. The author thinks that these discussions can eliminate some chaos of judicial practice and benefit China's criminal law theories. |