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Research On Criminal Liability Of Successive Joint Complicity

Posted on:2016-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
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Successive joint complicity, refers to the first man has embarked on the process of the crime, then the latter perpetrator involved in the crime,together with the former continue to implement the remaining crime. Nowdays, successive joint complicity become very common phenomenon as the development of economy. In practice the attention on such cases has not been improvement, such cases are not given the attention it deserved, just regard this accomplice as a general category of common crime, use the provisions of common crime to define the criminal liability of successive joint crime. In addition successive joint crime is still blank in our criminal law. The immature theories make this crime types apply very difficult in domestic, although we have many successive joint crime theory, but there have great controversy between the doctrines, it is difficult to reach an agreement. Successive joint crime theory who failed to reach consensus is difficult to play the guiding practical operation purposes. Deepen the study of Successive complicity criminal is vital.In order to study inherited criminal accomplice better,practicing respect and protect the human rights of criminal philosophy, the article through make system analysis,fully aware of Successive joint complicity can exist in different types of crime and the development situation in china,then through analyze the doctrine of home and abroad,understand the core issue of this crime is the perpetrator of criminal responsibility. know the t doctrines have Defects and deficiencies. Which clear the direction for the study of Successive joint complicity.Finally,starting with the analysis of the general common criminal offenses, and on the basis research in-depth exploration of criminal complicity inherited eventually come to inherit accomplice bear criminal responsibility standards and analyzes the inheritance of complicity with the results of the basic responsibilities and heavier responsibility.Through analysis the successive joint complicity concept, features, analysis field, the doctrine of the status quo at home and abroad, the understanding successive joint complicity reached a new level of theory. Sure that the say of sure and negative say are undesirable, the after bear the responsibility of the first criminal behavior or entirely not bear responsibility are arbitrary. So analyze specific issues is good to this problem. Aside inherited criminal accomplice "general mode of thinking," Standing on a new position to the qualitative nature of the act after the perpetrator, and thus applicable to the crime fit the punishment after punishing the perpetrator, maintaining social order, achieve the purpose of criminal legislation pursues.Current doctrine inherited accomplice may have its positive meaning, but with the development of the times, the forms of crime have complicate and diversity trend. The theory makes some lag unsuitable continue to apply in the criminal complicity inherited identified. It is necessary to improve the existing inheritance accomplice theory, so that it can adapt to the needs and realities. Take Germany and Japan, the two countries can apply specific cases related to the doctrine of the trial, and the general theory of criminal law textbooks have successive joint complicity related records. In China accomplice to inherit is very limited, lacking of Successive Joint Complicity stipulated in the criminal law, but the principle of the law review system "section of the behavior of all the responsibilities," the mere basis to determine who should bear after criminal behavior responsibility.Now,the author aware of the dilemma that the status of existing and applicable of successive joint complicity, creative put forward successive joint complicity criminal responsibility defined standards that start with the concept,constituent elements and other aspects,when the perpetrator’s behavior in full compliance with the requirements of this crime, then this behaviors are belong successive joint complicity, then should apply the principle of this common crime accomplice to identify the perpetrator of criminal responsibility.On the basis of if the latter using the first criminal behavior to implementation of standard, defining inherited criminal accomplices,further improve "the use behavior" that standard,specifically to determine the behavior of human behavior has the existence of "the latter without the former, there is no" the causal relationship, "the subjective and objective consistent with" the principles of behavior after the nature of the starting point and destination point to the qualitative behavior of people.
Keywords/Search Tags:Successive Joint Complicity, Criminal Responsibility, Use Behavior, Consistent with The Principles of Subjective and Objective
PDF Full Text Request
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