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Affiliate Theory On Crime After Events

Posted on:2012-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhangFull Text:PDF
GTID:2236330368477445Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Our current criminal law contains 452 articles,15 of which is relevant to crime after events, such as article 191, article 310, article 311, article 312, article 349, article 349, article 362, article 402 etc.Crime is completed social phenomenon. In reality, the morphology of specific differ in thousands ways. Crime after events neither belongs to crime after events nor is individual crime, but the criminal morphology which has intimate connections with crime after events, Research on it is of great value to both criminal theory and juridical practice.Crime after events is the act to be punished, namely the person intentionally aids the other after he committed certain crime, knowing his criminal facts but without conspiracy with the offence. The counterpart he aids can be called original offence.The first part gives a detailed review of legislations in different states from ancient time to nowadays. The article makes comparisons between crime after events and assistance offence, implicate offence and associative offence. And it also explains the research value of crime after events. On the commission of a crime as an accomplice in an important component of the system, has often led to great concern to scholars, however, an accomplice with crime after events problem, criminal law theory is concerned that the less.The second part of the article analyzes the constitution of involved offence in detail. It takes that crime after events has five characters:legality、independence、adherence、scienter and post factum, among which the second and the third character is the main problem. Although crime after events is derived from original offence, the affiliate aspect of crime after events should not be ignored. Based on the knowledge, the article makes in-depth discussion Subordination between original offence with the crime after events. The third chapter of the argument for sins after dependency the author of the sin of conviction, afterwards after the accusation, sin behavior and afterwards after these four aspects the punishment of crime from the analysis of this crime, which belongs to prove the essential attribute of sin is afterwards dependency.The crime after events is closely related with original offence, which decides that the judgment of the crime number of crime after events is complicated. According to the difference in categories, the article discusses the problem in different conditions by illustration. And the author creatively puts forwards the affiliate theory of crime after events.
Keywords/Search Tags:The crime after events, Original offence, Affiliate, Accomplice, Crime number form
PDF Full Text Request
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