Font Size: a A A

Research On Self Offense In Criminal Law

Posted on:2012-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:R SuFull Text:PDF
GTID:2216330338464023Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Self offense, as a type of crime,which is the subject of crime and guilty act can not be separated, must be implemented by the principal offender directly. In the beginning,the theory of self offense is to limit the scope of indirect principal. The eighties of last century, scholars began to study the theory of self offense. In Criminal legsilation of our country,there are no provisions about self offense and indirect principal,so there are few sutudies on self offense and achieved few research results. The author, after analyzing various existing points of view, put forward my views,expect to make a contribute on the study of self offense.This article uses comparative, empirical and historical research methods, studing the theory of self offense comparisoning with other countries and combining with judicial practice.This article is divided into four parts, the first part discusses the theoretical definition of self offense, this section includes four aspects:the origin of self offense, the definition self offense,the characteristics and the value of self offense. In the origin of self offense introduces the theoretical background, as well as national research on the status of self offense. In the definition of self offense, the author proposes that in self offense, the subject of crime and guilty can not be separated,the crime must be implemented by the perpetrators itself.In order to have a better understanding of self offense, explainning why some crimes are self offense, it is still have the possibility of comprising indirect principal. In my opinion,self offense can be divided to two-way self offense and one-way self offense. Self offense and indirect principal is not completely opposed, there is still have the possibility of comprising indirect principal in one-way self offense.The first section also discusses the characteristics of self offense,and the value of self offense in limitting the scope of indirect principal and improving the theory of joint crime. The second part of this article discusses the position of self offense in the system of crime, At the beginning of this part, it discusses whether the concept of indirect principal should be existed or not,then discusses whether the concept of self offense shouled be existed or not.The author pointed out that the existence of self offense should be affirmed.Discusses the position of self offense in the system of crime on the premise that self offense should be affirmed. The author consider that self offense and indirect principal is in parallel in the system of crime. The third part discusses the existence forms of self offense. This part analyze self offense in status crime, offense to intent,negative crime, instant offense and offense of act. It should be noted that in the above types of crimes do exist self offense, but self offense is not equal to o any of the above types of crime.The last part discusses the theory of Chinese criminal law committed on self offense. This section first discusses the research status of self offense in theoretical ciminal law of our country pointing out that although they are few researchabout the theroy of self offense, they obtained some results.The achievements is valuable reference for continuing to study the theory of self offense. The section then discusses the theory of self offense applicated in judicial practice in China, point out how did the theory of self offense affects determine guitly and weigh the penalty. It should be noted that the emergence of the theory of self offense, would affect "One accomplished, all accomplished" which is the principle to punish accomplice. Because the co-principal in self offense, did existe the coexistence of criminal attempt and accomplished offender this view has also been recognized in judicial practice.
Keywords/Search Tags:self offense, indirect principal, joint crime, principal offender
PDF Full Text Request
Related items