Research On Gang-raped Crime Stop Forms

According to the provisions of item 4, paragraph 3, Article 236 of the Criminal Law of China, there provides that “The gang rape of two or more persons is deserved to be at least 10 years in prison, life imprisonment or death.” This provision indicates that gang rape is a rape of the statutory aggravating circumstances. So, how to define gang rape? The existence of a crime gang rape stop form? If you stop crime patterns, a common characteristic of gang rape crime crime exists stop what form will exhibit particularity? Based on this, the criminal gang rape as a form of stop-center study, by studying the various issues associated with in order to be able to ‘the existence of a crime gang rape stop form’ the proposition to establish a correct conclusion, and to explore a common crime The gang rape of a crime to stop what forms have unique, so that it is more accurate to use in our judicial practice.In addition to the introduction and conclusion, this paper is divided into the basic theory of the crime gang rape stop forms of crime under common criminal gang rape vision stop form and gang rape crime stop judicial application forms in three parts, about 33,000 words, the main contents are as follows:The first part, gang crime stop forms the basis for the theory. Before stopping gang rape crime issues in-depth study of form, the theory of gang rape and crime shall cease to sort out forms. This part would be to do a split proposition, Section I Summary for gang rape, gang rape author and academic literal definition of the concept of two levels of discrimination and further leads to the concept of gang rape gang rape of Elements. After combing the concept of gang rape, gang rape can be found guilty of aggravated not only features, but also a common crime. Section II of the general theory of crime stop form. Stop crime circles form also has a dispute finds meaning, with reference to the views of the author, after many scholars believe that "pause to say" better shape to reveal the nature of the crime to stop, while the presence of the scope and characteristics of crime to stop a more detailed form of conduct comb. Section III, Research on the crime stop form of gang-raped. At present, many scholars to commit aggravated gang rape theory to explore the nature of aggravating circumstances of the crime, aggravating circumstances in question belong to the conviction or sentencing of the plot debating practice, too, was the case of widespread codefendant different sentence, highlighting the Research stop crime gang rape morphology is important.The second part of the gang rape of a crime under common vision to stop crime patterns. In this section, I will put together a crime gang rape contexts, and as the basis to discuss relevant issues. The first section discusses the properties of common crime gang rape, which is a form of common crime of rape, which are necessary accomplice, simple and complex accomplice coexist, according to the role of the criminal process or the division of labor in different people have different common crime. Section II exists in the form of crime stop range of discourse, the author makes the point that in order to commit aggravated gang rape theory for the media determine whether a crime is a detour to stop the practice of forms exist, it should simply stop by the nature of the crime to identify forms the existence of a crime gang rape stop form. The gang rape as a common crime, common crime of a legal nature, but also because of its shape to stop crime has multiple offender presents certain characteristics.The third part, gang crime stop judicial application form. After discussion by the previous two parts, gang crime has stopped shape, and relatively common form of crime stop exhibit different characteristics. On this basis, the author attempts to establish a form of gang rape crime stop model, detailed classification of the crime gang rape stop judicial application form, including the form of gang rape offense crime, gang crime patterns and attempted gang rape Discontinuation of a crime of specific application, but in different stop when the crime sentencing form, combining the practice of judicial practice, I believe that should be common to distinguish between different gang rape crime offenders and "part of the implementation, the full responsibility" basic principles, specific penalties discretion of each actor.