Font Size: a A A

The Middleman Crime Preliminary

Posted on:2008-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:B ChenFull Text:PDF
GTID:2206360215973026Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This thesis will mainly discuss the criminal phenomena—medicy, which we attach little significance to it. But, these phenomena have influenced the judgments of the judges. This thesis is divided into four parts, adding up to roughly 26000 words.1. The First Part: put forward the problem we are facing.Researching the origins of the penal code, I find out the reason brokers are punished by criminal law is the outcome of society development, especially the coming of the "information ages", which make the Medicy emerge in a large-scale. Studying broker crimes from the current penal code and relevant provisions, I will analyze the forms of the Medicy crimes and divide into several sections. Then, I refine the simple definition on broker crimes in the criminal laws, and deem broker crimes as behaviors that we should point out in illegalities or crimes which have the characteristics,communicating, contacting, taking the bridge, bringing together, medium, etc. Generally, I provide the necessary information concerning the illegalities or the crimes which make illegalities or crimes realize smoothly. Medicy has seriously social harm which interrupts the normal system of the society, and we should take the counter measures to crack it down.2. The second part: characterization of broker crimesI do not think that the medicy has the characteristics of accomplice, which belong to assistant crime.Initiatively, starting with the analysis of the conception and the characteristics of assistant crime; I analyze the difference of the helping of the brokerage's behaviors with comparisons in the penal system. There is antinomy in current penal code and its judicatory explanations about the Medicy crime. We consider the Medicy behavior assistant behavior in accomplice. The conclusion is that broker's independence is different from helping in complicity.3. The third part: The solution of the problemConfronting the problem, we should find some measures to solve it. Also, we do have to take the suspects' judgments into ours consideration. Hence, the two solutions are found: one is expansive explanation of complicity, and another one is unattached crime. Expansive explanation of complicity is based on the current legal system to take the medics as the part of the complicity. The purpose of unattached crime is that we can deem it as a new type which will not be punished by the penal system. And, for my part, I insist that the legislators should take the first solution to solve the problem.4. The Fourth part: Difficulty problemAs the advance of the whole society, there emerge some new types of medics. It includes going whoring, providing the "go whoring information", for example, hiring somebody to murder somebody. Sometimes, it has the legal forms and could not be detected easily. So, how can we adjust to the new trend is the serious problem. Judges and scholars should pay enough attention to the changing trend, and give propositions to the legislators to solve the problem. Thus, we can establish a solid legal system to guarantee the social harmony.
Keywords/Search Tags:Preliminary
PDF Full Text Request
Related items