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Case Studies About Surplus Behavior In Common Crime

Posted on:2012-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:W J WangFull Text:PDF
GTID:2216330368993796Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Practiced limits refer to the implementation of a common crime committed in the implementation of a common criminal intent beyond the act. Practiced limited to the more common judicial practice, it is directly related to the identification of common crime, criminal liability. But our limits identified in the implementation of the existence of too many difficult problems, research issues for the implementation of criminal justice is too limited to criminal law theory and practice is important. Restriction is practiced with the crime occurred, while the difference with the common criminal in nature, this difference mainly reflected the range of those who bear criminal responsibility on the special nature of the crime problem in the implementation of the system is too limited study, with improve the theory of joint criminal, guiding judicial practice, the correct conviction and sentencing of the practical and theoretical value.In this paper, the implementation of the content and features too limited, too limited and related to the implementation of crime, practiced limited to the identification of other aspects of research. Which limit and for related crimes practiced practiced limited and mainly from the spur of the moment of the crime and common crime, and practiced in the limit of Aggravated Criminal, practiced limited and abetting, to help offenders, association to commit, committing to imagine actually together, discussed several fronts. Judicial practice through theory to solve practiced limit on the identification, treatment. Mainly through the give-related cases, from the judicial practice on the introduction of too limited for analysis identified.Been limited in the implementation of the state, there are two crimes:the basic behavior and over-limit behavior. Elements of the basic act: the complicity of, implementation of actions, the implementation of deliberately; over limit behavior of the constituent elements are:the identity of the actors, the space-time Field Tight lock, subjective mens rea in excess of. Too limited to determine the implementation of standards should have a different hierarchy. In the legislative field, should adhere to common purpose beyond that, this is the general criteria; in the judicial field, should adhere to the real change that this specific criteria. The crime a key issue is how accurately the complicity conviction and sentencing, so fine when the severity of the offense, practiced and treatment is limited to the identification of common crime, the difficulties of the theory and practice, and is an accomplice accurate conviction and sentencing of the premise. In this paper, the crime is too limited to implement the basic features and principles, how to identify and deal with a preliminary theoretical discussion and empirical analysis.
Keywords/Search Tags:Common crime, Surplus behavior, case studies
PDF Full Text Request
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