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The Implementation Of The Limit Problem Study

Posted on:2010-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2206360302976246Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Limited practice, also known as an accomplice had limited means to implement a common crime committed in implementation of a common criminal intent beyond the scope of the criminal acts. An accomplice was never practiced in the limited acts of other people this is not criminally responsible, this is the current theory. But how to limit that practice is the theory and judicial practice, there are the thorny issues. In this paper, based on China's criminal law theory, the combination of judicial practice in order to implement the restrictions have been based on the concepts and theories as the logical starting point for analysis of the implementation of standards that have been limited to explore the kind of state the specific crime of that limited practice, and the improvement of legislation made a number of proposals with a view to implementing the study had limited benefits.The full text is divided into introduction, body and conclusion three parts. Introduction introduces the practice of the legal nature of restrictions, and from our theory that the study of criminal law have limited the need to implement. Part of the body include the following four parts:The first part, been limited to an overview of the implementation. From that introduced the concept of limits, restrictions on the introduction of the concept had to be clarified and that the analysis of practice and limit the establishment of elements and theoretical foundation of theory status.The second part of the implementation of that standard have been limited. Analysis of Chinese and foreign criminal law theorists in practice and legislative restrictions on the practice standards of views, based on agreed "a common criminal intent beyond that", and from the analysis of criminal intention, start with a common criminal intent, criminal intent to go beyond the common knowledge and from two aspects will be considered.The third part, been limited to the implementation of multi-perspective. Combination of cases, from the division of common crime, criminal elements are coincidence, the quality and quantity have been limited and other restrictions have limited the implementation of perspective that the conditions and principles, and explore the implementation of China's practical too limited to deal with the attitude, which summary of issues to deal with limited practice the principles and methods; Partâ…£, have limited the implementation of legislation and judicial practice, and perfect. Combination of Chinese and foreign legislative and judicial practice, exploring the implementation of criminal offenders have been limited commitment reflected in the legislative, and improve the legislative and judicial practice of China's proposal to serve the practice.
Keywords/Search Tags:Practice limited, Criminal intention of common crimes, Common crimes
PDF Full Text Request
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