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Common Crime Crime Suspend

Posted on:2009-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2206360248450938Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to our country's present "Criminal law", the standard of crime termination of joint offence also has limitation. According to the standard, it must possee three important documents:"timeliness", "automaticity" and " validity". To the ordinary crime, this standard is reasonable, but to the joint offence, the document of "validity" has neglected the endeavor made by each criminal; Because of the limitation of the standard, our country's "Criminal law" prescribes that we may lighten punishment to them. It fall short of the construction of harmonious community.At present, the research of crime termination and joint offence in our country had got great harvest. But the combine still had little fruit. Therefore, it is very important to research the task. To the theoreitic meaning, the author attempts to arose an attention by offering a few ordinary introductory ;To the practice meaning, I hope the research can benefit the lawmaking and juridical of our country.Based on this, the author would discuss the crime termination of joint offence by follow part: summarize, standard, resolution and legislative perfection. As the same time, I will review the law in domestic and fremdness. I hope the article can be propitious to the academic study and judicial practice.The first part. The outline of crime termination of joint offence. In this part, the author summarize the concept of crime termination of joint offence at first. And then the author expounded two kind of legislation: "across-the-board ruling" and "the difference". The author proposed that our country should study the independent legislations such as Geman, and commend the active endeavor made by each criminal.The second part. The determine and the appraisal of crime termination of joint offence . At beginning, the author had pointed out the keystone of the article- - the peculiar crime termination of joint offence and expounded some primary theory: the subjectivism, the objectivism and the compromise ,and had carried on the appraisal to above each theory's . Based on this ,the author had expounded her assentient viewpoint: the departure from the relationship of joint offence.The third part. The classified analysis of crime termination of joint offence. In this part, the author discussed the crime termination of organizing offender, abettor, accessory offender and perpetrator. The author advised that the standard of the crime termination for organizing offender and abettor should more stricter than that for accessory offender.The fourth part. The perfection of legislation of crime termination of joint offence. In this part, the author proposed that our country's present legislation should be perfected. To recognizable standard ,the author suggested that discriminated general crime termination from crime termination of joint offence, as well as introduced the departure from the relationship of joint offence. To penalty, the author suggested that we should make sure a legal reduction. And suggested to increase 2 sections after the 24th section in our country's present "Criminal law".
Keywords/Search Tags:joint offence, crime termination, determine, classified analysis, the perfection of legislation
PDF Full Text Request
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