Research On The Principle Of Punishment Of Implicated Offense

Implicated offense is an important category in the theory of criminal law crime number shape. The quantity of crime is mainly to solve the relationship between behavior and the quantity of crime,implicated offender as a number of action violates several charges by the structure model,the sentence is in accordance with a crime, so its particularity self-evident. However,our criminal law does not expressly provided for implicated offense,and in the criminal law belongs to the general say about the concept of implicated offender is taking a different principle of punishment of implicated offense,made during the judicial practice of chaos. The mixing theory origin, is actually due to the traditional concept of implicated offense due to the large range is essentially a combined punishment for several crimes case behavior misattributed to the scope of implicated offense in. Due to the lack of in-depth study the theory of implicated offense,implicated offender on the fault principle are each sticks to his argument. By 2005,China’s Taiwan region the amendment to the criminal law, the abolition of implicated offense, making the criminal law scholars more and more carefully conceal mentioning of implicated offense. But the phenomenon of implicated offense is a kind of objective existence, it has produced and lasted so long must have its reason for existence,simply because the theoretical research and judicial practice difficulties encountered will be its waste is not a wise choice, and the Taiwan area in the abolition of implicated offense in judicial practice after has not been anticipated phenomenon,but in the face of implicated offense the situation, processing more chaos, Intersperse, by breaking the principle on the current implicated the combing, combined with the existing of implicated offense to break the principle theory,redefine the scope of implicated offense from the implicated relation,the concept of implicated offense of implicated offense,and further to determine the principle of punishment of implicated offense. This paper is divided into four chapters besides the introduction,the first chapter is on implicated offense variety analysis fault principle,based on the existing theory about the analysis of different principle of punishment debate and main opinions, arguments of implicated offense,and the existing laws,judicial interpretations on the fault principle of implicated offense provisions,pointed out that the fault the principle of implicated offense problem confusion at present; the second chapter is on the analysis of influential factors implicated offense out fault principle, through the possible influence on implicated offense analysis principle of punishment,to find out the fault principle of implicated offense in consideration when consideration factors first,and then draw the implicated offence implicated relationship is determined implicated offense an important factor in breaking principle. The third chapter is the focus of this paper,a detailed analysis of the judgment standard, by type of the implicated relation implicated relationship; re determine the implicated offence implicated relation type as well as the judgment standard, then to redefine the category of implicated offense. The fourth chapter on the basis of the above,discussed in the new category of implicated offense of implicated offense in accordance with the rationality of unity at the break of a crime,and the break from a felony if heavier at break were selected. The final conclusion part systematically summarizes the viewpoints of the text.