Study On Several Questions About Implicated Offenses

The theory of crime is always a thorny issue of criminal law filed. Its complexity in theory and the chaos of rules often frustrate related researchers and legal professionals. Chu Huaizhi, the famous criminal law professor said "One of the reasons, which make the quantity of crime complex in theory, is the conception of implicated offense." We can see from here how complicated this problem is. However, even though there has been lots of research on implicated offenses, the theoretical part of this problem has not been well studied. On the contrary, the abolition, determination of related connection and the treatment rules are always shrouded in controversy. Therefore, it is absolutely necessary to do some studies on the related problems of implicated offense.This paper is organized as follows. Section1introduces the essential conception of implicated offenses. The concept, history and abolition which is always being debated are discussed here. And then I will point out the main topics, which will be discussed in this paper. Section2presents the confirmation of implicated relationships. This part firstly analyzes the conception of implicated relationship, and then describes the different ideas on the confirmation of implicated relationship where comments are also included, and finally elaborates the author’s opinion. Section3provides the treatment rules of implicated offense. In this part,4different opinions about this topic in criminal law area are given, and the author gives the corresponding comments for each one. Section4talks about the problem of complicity beyond the limit. The conception, structure, types, and etc. are explained here and followed with the confirmation of this problem and the analysis of the treatment rules. Section5is the distinguishing between implicated offense and other similar conceptions. This part mainly concentrates on the discrimination among implicated offense, absorbable offense, continuous offense and transforming offense.Speaking about the methods used in this paper, I have applied the method of comparison, the historical analyses, the inductive method, and reasoning method.