Punishment Of Qualitative Research About Those Who Did Not Succeed In The Gang Rape Crime

Crime in the gang rape, because the will did not succeed for reasons other than some suspect, the qualitative and punishment in theory and judicial practice is the existence ofthe dispute. Based on the difference between before and after the case is almost two years of the same case studies, that the crime of rape should be considered qualitative and punishment personally commit the relevant theory, and thus for the criminals to have a fair deal, but also demonstrates the value of positivism orientation. This article about a total of fourteen thousand words, divided into three parts:The first part of this paper were cited in 2008 cases occurred in Beijing and 2003Tangsheng Hai, Yong gang rape, two cases through verdict and the final results of the comparison, highlighted in judicial practice, did not succeed for the crime of gang rape there have been those dealing with differences and disputes; and analysis of the case come out of the legal issues arising.The second part of this article is mainly for the law to analyze the problem from the theory of the value of personally committing to whether personally guilty of rape, then rape accomplice personally guilty of the qualitative issues in the framework of the discussion, one by one analysis and interpretation of the problem. And came to be regarded as personally guilty of rape and gang-raped in punishment of crime should be considered qualitative and hand-made theory.This third part of the reasoning in the second part of the analysis based on more integrated into the case, the article referred to the theory of the use of more specific analysis and reasoning in the case being. And the crime of rape committed in hand to deal with cases within the framework of an extension of some theory of thinking and I do not rigidly adhere to the cases cited appear attempted, raised in the suspension of the circumstances, you can also apply this theory to solve .