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Study On Successive Joint Principal Offender

Posted on:2015-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Successive joint principal offender is that, under the control of criminal intent, theformer who has been done one part of perpetrating act, then the latter join in andcomplete the rest of perpetrating act collectively or individually. Criminal law scholarsin Germany and Japan think that the theory of ordinary accomplice crime can not solveall the problems of joint crimes in practice, and then put forward the theory ofsuccessive joint principal offender. Based on different position and perspective,German and Japanese criminal law scholars have formed three kinds of representativetheory: positive, negative and restricted affirmative. According to the criminal behaviorinvolved in criminal acts in the different time, the accomplice has been divided intoaccomplice and beforehand. Visibly, successive joint principal offender not belongs toour country legal types of accomplices, but it is existed in judicial practice. Germanand Japanese criminal law scholars have researched the successive joint principaloffender theory thoroughly, but it is unreasonable to directly apply the theories to solvethe dispute in the judicial practice of our country. The concept of successive jointprincipal offender theory is subordinate concept of joint crime. Therefore, this articlestarting from five representative cases in practice, analysis them by the theory ofsuccessive joint principal offender and make a conclusion on this basis. This paperexpects that the complex successive joint principal offender theory can be flexiblyapplied in judicial practice in china. This paper is divided into three parts:The first part introduces five real common inheritance cases in judicial practice. Wecan find that there are many common inheritance issues related to judicial application,such as scope of liability of single act crime in successive joint principal offender;scope of liability of multiple act crime in only part of the following behavior of jointprincipal offender; scope of liability of the former’s perpetrating act increase anaggravated consequence; scope of liability in transformed crime of successive jointprincipal offender and scope of liability of successive joint principal offender whenthere was an unclear causal relationship.The second part is analysis of issues put forward in the first part. This part analyzedispute cases, at the same time, imitate the research results of domestic andinternational about successive joint principal offender, and draw my conclusions tosolve such cases in judicial practice. The third part applies the conclusion to judicial practice and offers my handlingopinions to solve the five dispute cases above.
Keywords/Search Tags:Successive joint principal offender, Common crime, Criminal responsibility
PDF Full Text Request
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