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On Abettor Punishment Based

Posted on:2012-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhangFull Text:PDF
GTID:2216330368994509Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There has been controversial in criminal law theory circle about why the abettor should be punished. By researching on the theories of punishment foundation of the abettor and the differences between various theories, it's clearly that the compromised causing theory is more appropriate and more in line with the provisions of the criminal law in China, because this theory not only focuses on the abettor's own inherent lawlessness, but also doesn't neglect that the instigates behavior could aggrieve or threaten the law benefit realistically only by the instigated person's criminal act, and it's more suitable to the the purpose of our country criminal law legislation. Making sure the theory of punishment foundation of the abettor, there is positive significance to the researching on the nature of the abettor. The conclusion that the abettor's character is unattached to the actors or the abettor has the two-fold characters ,always comes from that most of the theories previous about the nature of the abettor are not based on the theory of punishment foundation of the abettor. By studying the theory of punishment foundation of the abettor, there is clearly that Chinese criminal law in paragraph 2 of article 29 has its shortcomings, so it is necessary to make the details revised and perfected.
Keywords/Search Tags:abettor, punishment foundation, compromised causing theory, the two-fold characters of the abettor
PDF Full Text Request
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