Font Size: a A A

Study On The Affirmation Or Negation Of Successive Joint Principal Offender

Posted on:2014-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
A variety of common crime cases are complicated in Reality, there is a situationwhich part of criminal conduct has been implemented by others, the perpetratorperform any act common to the implementation of the remaining acts willfully, thenhe joined and implemented with the pioneer behavior. In Germany and Japan, manyscholars believe that this case can not be solved by ordinary common criminal theory,thus proposed the theory of the successive joint principal offender and causedextensive and in-depth discussions among scholars.Many scholars disprove thistheory. I also support negation theory. I start from the position in favor of this theory.The first, I study the concept and basic problems of the successive joint principaloffender. After the comprehensive understanding, I discover and analyze its flaws inorder to provide sufficient reasons to deny it. This paper is divided into four parts:The first part is the concept and the conditions of the successive joint principaloffender and how to identify it. Start with the substantive aspects of the successivejoint principal offender and define it that the one person (the first actors) hasembarked on the implementation of a specific crime to perform any act, but not allended when others (underwent actors) by the mean contact with the formation of acommon intentional, either alone or jointly with the pioneer implementation of therest of the crime situation. The subjective and objective conditions and itsintervention point in time of the successive joint principal offender are summarizedaccording to the general conditions of the joint principal offender. Then I identifyseveral specific patterns of crime under this condition in order to exclude those doesnot belong to the successive joint principal offender.The second part is the existence range and the determining accusation of thesuccessive joint principal offender. First I analysis the possibility of the presence insome patterns of crime, such as single acts committed, complex behavioral offenseand combined with the guilty. Secondly, I research how to identify their accusation.Based on the position of affirmative theory, later perpetrator will inherit the pioneer’simplementation of behavior as a part of their behavior, behavior after implementation,the behavior of the elements belonging to the same crime, former behavior and after behavior combine to constitute a complete crime to perform any act aimed to set up ajoint principal offender crime overall. Therefore, they can only be the same on thedetermination of accusation.The third part is the theoretical basis of the successive joint principal offender. Iintroduce a variety of views that provide support for the theory of the successive jointprincipal offender. Mainly simple offense indivisible stand, the stand of laterperpetrator take advantage of the meaning and the situation of pioneer behaviorposition, accomplice on the establishment of one punishment the individual’s stance,the prisoners involved in the implementation of the mutual understanding, stance andtake advantage of the forerunner of the understanding of time is not a problem,caused by the behavior just as a result of the use of the results of their own behaviorstand.Last, they are how to be analyzed by Chinese and foreign scholars holding thesetypes of views.The fourth part is that I advocate to deny the successive joint principal offender.At first, by analysising the defects of each stand of affirmative theory, I proposenegative theory including behavior the common causal accomplice theory of behaviordisposable stand and analyze their rationality. Secondly, it is proposed that the authorbased on the results of worthlessness, causal accomplice theory, personal position insupport of the principle of responsibility negation theory and completely negate theconcept of the successive joint principal offender. Finally, the solution is how todetermine charges and deal with concrete examples in real life without the successivejoint principal offender.This paper discusses the basic problems of successive joint principal offenderand ultimately negate this theory. Then I propose without this theory how to solvereal-life problems. Though the conclusions may not be scientific and accurate, onlyexpect to provide a certain reference for successive joint principal offender theorists.
Keywords/Search Tags:Successive Joint Principal Offender, Condition, Identify, Theoretical Basis, Negative
PDF Full Text Request
Related items