Analysis On Implicated Offense From Theoretical And Practical Angle

Looking through the theory of the Crime Quantity all over the world,for the Implicated Offense, some country expressed it on their CriminalLaw, like Japan, some country has the a completely opposite legislation,like the U.S., some country has a wildly Implicated Offense researchingamong theorists while without expressed legislation, like China.However, the situation of current research on Implicated Offense inChina is disordered, even in the fundamental area, such as the conception,the implicated relationship, the standard of punishment, etc. Topics likewhether theory of I Implicated Offense is need, is it reasonable topunish implicated crime by choosing one qualified crime, are extremelycontroversial. This article will analysis Implicated Offense thoroughlyboth in theory and in practice to elaborate the nature and characteristicsof it. I divided this article for three chapters：Chapter One describes the general of Implicated Offense. It came outfrom German, but was not universally accepted; the Qing Dynasty and Taiwanhas expressed the rule; the Criminal Law of mainland China do not stipulateImplicated Offense, but the theorists do. Then, this chapter summarizesthe different opinions on the concept of I Implicated Offense and givessuggestions. Last, this Chapter discusses the similarities and differences between Implicated Offense and other crimes within the systemof Crime Quantity.Chapter Two reflects the status in quo of Implicated Offense, thischapter can be divided into two parts. First part talks about theinconsistent, perhaps contradicted ideas of the theory including thejudgment of the very quantity of crimes within implicated crime situation,the determination of implicated relationship and the norm of punishment.The second part questions the value of the theory of Implicated Offensebased on former discuss. Firstly, argues that the Implicated Offense isnot a single crime no matter in form or in essence, secondly, and statesthat the basis of the select-one-crime punishment standard was notreasonable, and doing this will go against with the purpose of CriminalLaw.Chapter Three discusses the assumption of abolish the theory ofImplicated Offense. This chapter explains the necessity of abolishingfirst, by looking at the debates between supporters and offenders in thearea where acknowledges Implicated Offense and concluding the main pointsof the offenders. Then, this chapter states and analysis the reasonsspecifically, that the theory of Implicated Offense should be abolished,such as researching must consistent with legislation, the theory ofImplicated Offense causes inconvenience to judicial practice, the desireto improve the Crime Quantity mechanism. After that， this chapter arguesthat it is feasible to abolish this theory. The difficulties will bewell-solute after the abolishment by taking effective measures. Finally,this chapter elaborates that the Implicated Crime should be penalizeaccording to the principle of Cumulative Punishment.