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Joint Principal Offender Has Not Completed A Morphological Study

Posted on:2008-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:W W ShiFull Text:PDF
GTID:2206360215960755Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Nowadays, the study on joint principal offenders is deep in criminal theory. This essay is based on the others' achievements to study the discontinued offence of joint principal offenders systematically. Besides the preface, the essay includes the basic theory of joint principal offenders preparatory of joint principal offenders, attempt of joint principal offenders, and crime determination of joint principal offenders.The first part is the basic theory of joint principal offenders. Firstly, this part elaborates the definitions of joint principal offenders. A joint principal offender is two people or more who have the same intent to commit the crime .Secondly, this part introduces the property of joint principal offenders. There are different doctrines about property of joint principal offenders such as principal offenders, joint offenders, and duality. The author think duality is reasonable. Thirdly, the essences of joint principal offenders are talked. There are different doctrines about essence of joint principal offenders such as joint crime, joint behavior. The author supports joint crime .Finally, this part talks about the elements of establishment of joint principal offenders including subjective element and objective element.The second part is preparatory of joint principal offenders. Firstly, this part elaborates the definitions of preparatory of joint principal offenders. Compared with the single preparatory offence of, preparatory of joint principal offenders has its own property. Preparatory of joint principal offenders includes two situations. One is all joint principal offenders only carry out the behavior because of the unwilling reason. In this situation, all joint principal offenders are preparatory of joint principal offenders. The other situation is part of joint principal offenders only carry out the preparatory behavior because of the unwilling reason, the other joint principal offenders only has the same Means Remain this situation ,the person who don't carry out the preparatory behavior is determination of joint principal offenders or preparatory of joint principal offenders.The third part is attempt of joint principal offenders. How to judge the beginning of the joint principal offenders. From the author's viewpoints, one person's behavior can determine all people. If one person begin to commit the crime and didn't finish the crime, all behavioral are unlikely the preparatory or accomplished offenders. Can accomplished offence and attempt coexist? The author believes they can not coexist. That is to say, all joint principal offenders are accomplished offenders or attempt.The fourth part is determination of joint principal offenders. From the author's viewpoints, the validness of the determination of joint principal offenders depends on the whole crime's modality. If someone repents his error and make his endeavor to stop the others' behavior but can't stop, it is severe depending on this criteria. But the author think Japanese theory about divorcement of joint principal offenders can be introduced to solve this problem.
Keywords/Search Tags:joint principal offenders, preparatory, attempt, determination
PDF Full Text Request
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