Font Size: a A A

A Study On The Afterwards Act Of Impunity

Posted on:2016-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q JiFull Text:PDF
GTID:2296330464953025Subject:Law
Abstract/Summary:PDF Full Text Request
In criminal legislation and judicial practice, it is generally believed that the behavior of intentionally destroys or sell bribes which the larcenist always do after his act of theft should not be punished at all. This kind of phenomenon in punishment law can get reasonable explanation and it does not conflict with other spheres, just depending on the depth for the afterwards act of impunity theory research. All along, the continental law system countries or regions had an in-depth research on the afterwards act of impunity, but in contrast, in China, the afterwards act of impunity has not received due attention in the educational circles. For examples, how to define the afterwards act of impunity, what is the afterwards act not punish based on, how to deal with the occasion of others participation or involvement of the afterwards act of impunity, and so on. Educational circles has not reached a consensus. According to all above, the author conduct research with the title of a study on the afterwards act of impunity, in order to solve above those problems. This paper is mainly made up of the following five parts:The first part primarily focuses on the concept and characteristics of the afterwards act of impunity. On the basis of related analysis and reflection of the academic views, the author redefine the concept of afterwards act of impunity, thereby determine the premise of our theoretical research. On this basis, the author detailed discuss the characteristics of afterwards act of impunity, from the behavior itself to its mutual relations, and then reconsider the inevitable connections of them, in order to grasp the essence of the afterwards act of impunity precisely.The second part has deeply analysis the foundation of the afterwards act of impunity. Concerning the reason of impunity, there are many different opinions. Such as ?Overlap Of Articles Of Law?,?Inclusive Offence,?Theory of Expected-possibility?,?Principle of Prohibiting Repetitive Assessment?, ?Integrated Offence?, ?Continuing Offence?, are representative theories. Basic on the narrative and reconsideration, the author claims that it should be based on the theory of crime constitution to explain the foundation of afterwards act of impunity.The third part mainly discusses the common performs of the afterwards act of impunity. Construction of theory is our primary work, but theoretical significance over practice must obtain our more attention. According to our country’s criminal legislation and judicial practice, this part have classified and discussed the common performs of the afterwards act of impunity.The fourth part mainly discusses the afterwards act of impunity combine with the theory of accomplice. Cooperative division of crimes not only has been more and more diversified, but also more complexity. Due to the special competition attribute of the afterwards act of impunity, it is more difficult for us to distinguish them in accomplice theory. Combining with the specific cases, this section discusses how to deal with the one who participate in the afterwards act of impunity.The fifth part mainly discusses the exceptions of afterwards act of impunity. The world has no absoluteness. This part mainly carry on the discussion of exception of the afterwards act of impunity. Although there has more cases, author just have to show the attitude of not speak fully over the afterwards act of impunity.
Keywords/Search Tags:Afterwards Act of Impunity, Reason of Impunity, Theory of Expectedpossibility, Legal interest
PDF Full Text Request
Related items