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A Study Of The Successive Accomplice Perpetrator

Posted on:2015-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhengFull Text:PDF
GTID:2296330431955064Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The successive accomplice perpetrator is a state of crime that the first human crime has not finish the case,then other people come to realize commit to a behavior with the first human,all these come to be the patterns of crime. This paper is divided to four parts to illustrate the successive accomplice perpetrator.Part I:A Summary of successive accomplice perpetrator. In this part, itintroduces the concept and the sorts of diversification to help us to comprehend the successive accomplice perpetrator. This part takes classification and comparison to analysis successive accomplice perpetrator and obtain a reasonable conclusion.This part classifies successive accomplice perpetrator to single behavior-successive accomplice perpetrator and recombination-successive accomplice perpetrator、act-successive accomplice perpetrator and non-action-successive accomplice perpetrator、transform-successive accomplice perpetrator and uniform-successive accomplice perpetrator.Part II:Establish of successive accomplice perpetrator. This part tells two theories: case and theory of establish of successive accomplice perpetrator、essential elements of establish of successive accomplice perpetrator. By enumerating the relevant jurisprudence and reference Chinese and foreign scholars perspectives, The writer try to find out whether the successive accomplice perpetrator exist or not. The constitutive elements of successive accomplice perpetrator mainly divided into three parts:subjective element, objective elements and temporal elements. Subjective element requires the perpetrator behind in understanding the behavior of people previously, after that, they formed a consensual crime. Objective elements mainly discussed the remaining criminal activity, can be completed together by the first man and the perpetrator or separately only by the first man. Temporal elements means the time range of the perpetrator add into crime should be after the first people started to commit the crime, and can still implement the criminal activitiesPart III:Criminal responsibility of successive accomplice perpetrator. Mainly focus on whether the perpetrator should be responsible for the leading behaviors and the results of first human. On this issue, there are affirmative, negative and limiting negative views. Author based scholars theorize the starting point of their doctrine is different for each doctrine classified and put forward own views. Finally, the author from the basic theory of joint criminal offense, combined with the characteristics of committing common inherited proposed common inheritance of committing criminal limited negative to say should be taken to identify the view.
Keywords/Search Tags:successive accomplice perpetrator, constitutecrime, criminalresponsibility
PDF Full Text Request
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