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Study On The Successive Joint Principal Offender

Posted on:2013-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZhuFull Text:PDF
GTID:2246330377452007Subject:Law
Abstract/Summary:PDF Full Text Request
In the theory of joint crime of the current continental law system, joint principaloffender is two or more persons jointly of implementations in crime. According to thedifferent time of committing crime jointly, joint principal offender is divided intodesign joint principal offender, accidental joint principal offender and successive jointprincipal offender. Successive joint principal offender as a kind of the joint principaloffender, contradicting common joint principal offender, means such situation: in onecrime, the original party starts to commit the execution behavior of some crime, in theprocess he finds that it is very difficult for him to achieve by himself, so he explainsto the latter party and ask him to participant. On the basis of this common agreementthey commit the criminal action together. So it creates such problem, the laterbehavior how the criminal responsibility he assumes? The debate about it, Japan andGermany scholar had a heated discussion. After making a discussion of the basic issueof the successive joint principal offender, it’s necessary to continue the furtherstudying of the theories of the successive joint principal offender and make anevaluation. There are exiting affirmation, positively and negativity and limitednegativity viewpoints among scholars. However, in our country, due to the commonjoint principal offender is not our country legal accomplice type, but call him commoncriminals, It has led to in this lag behind and distinction about study of it. Generally,different theories have different scope of liability, and ultimately affect the convictionand sentencing of the perpetrator, so, how to choice the doctrine of the varioustheories is the pursuit of the ultimate goal. The discussion of it has importantsignificance in theory and practice.The article is divided into five parts of its study:The first part: based on the meaning of the "succession" analytical and master,Hope to accurately define the meaning of the successive joint principal offender, clearits research scope.The second part: to define the subjective conditions "common practice meaning" and the objective conditions "common practice fact" and found the grasp of therelated problems, find out how it established conditionsThe third part: a brief introduction about positively and negativity and limitednegativity viewpoints, emphatically analyzed in three of their respective theoreticalbasis theory based on the combination of the Japanese case citation and analysis, findout their advantages and disadvantages of the existing theories.The fourth part: through summary and analysis the existing limited negativityviewpoint’s exceptions to the apply to it, expressly its sure and perfect, and that is alsothe new limited negativity viewpoint. Finally, clear all kinds of specific crime types toit.The fifth part: from the aspects of the case from the inheritance,offers twoprospects about the successive joint principal offender research.
Keywords/Search Tags:the successive joint principal offender, responsibility scope, the previous behavior, the latter behavior
PDF Full Text Request
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