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The Research Of One-sided Accomplice

Posted on:2014-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:B HongFull Text:PDF
Abstract/Summary:PDF Full Text Request
The theory of one-sided accomplice has been the matter at issue in the Chinese and foreign countries’ penal code theory circle, and it has no final conclusion yet. As a social phenomenon existed objectively, it has its own harm, its essence of harming the law determines that it should be punished by the penal policy. The crux is how to search the proper basis of punishment for the one-sided accomplice.This thesis is based on the position of the objectivity, it lays emphasis on the objective side of the one-sided accomplice, especially inspects and evaluates the particularity of the causality. It breaks through the feeders of the traditional theory of the common crime and it explains the deliberately common crime again according to the penal principals, gets rid of the theatrical dilemma caused by the "deliberately of common crime" which the common crime must have. It is a realistic and correct choice to build the system of one-sided accomplice which takes the "relationship of common crime" as the core category.Taking this as the premise and main point, it probes into the necessary condition, existing type, penal responsibility of the one-sided accomplice one by one. Trying hard to draw an outline of the basic theatrical system of the one-sided accomplice to rich its content. And it provides useful consult and reference for expanding the theory of common crime in our country for improving the legislature and for applying the judicature to practice.Adopt the thinking,we went on an arrangement on one-sided accomplice’s connotation,the basic of theory,doctrine of home or abroad constitute condition,scope of exist,punish foundation and undertake the responsibility Jay stress on understanding and taking hold of behavior of adding achievement secretly, the fact and causality of one-sided accomplice,the foundation of punishment and so on, in order to make a new reorganization of one-sided accomplice, under our country’s legislation conventions of common crime, make a one-sided accomplice theory that has tolerate and a sense of expanding, so that it can not only serve to the real practical of administration of justice but also make a better foundation for drawing the basic conventions of the future one-sided accomplice theory.
Keywords/Search Tags:One-sided Accomplice, One-sided Instigator, One-sided Accessory, Criminal Responsibility
PDF Full Text Request
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