Research On Correspondence Offense

In our country, although the analysis and study of the theory of correspondence offenseis still shallow, it has already existed in specific criminal offences. Besides, there are a lot ofknotty problems of correspondence offense in judicial practionice. Just because the theoreticalsituation of this kind of crime is inconsistent with the legislation and judicial practionice, thefinding results of correspondence offense in different cases become different. In thisconnection, the author intends to carry out an overall research about correspondence offensefrom the perspective of the criminal system, comb and explain the knotty and complexproblems occurred in basic theory, crime theory and penalty theory.In addition to the introduction, this paper is divided into5parts. And there are about50,000words.The part1is about the basic theory of correspondence offense. The basic theoreticalsystem of correspondence offense will be established by clearing its definition, connotation,extension. Among these, The definition of correspondence offense should adopt a broadconcept with that corresponding sides implement corresponding action and one of the twosides is crime. The connotation of correspondence offense is about classifing the basiccharactioners by clearing the condition and basic properties. In the extension, correspondenceoffense is divided into three types of crime which are the same punishment type, differentcrime and different punishment type, and one-side punishment type. Besides,the author alsotry to analyse all the crimes which should belong to one of the three types of correspondenceoffense by criminal law.The part2is focusing on the relationship between correspondence offense and jointcrime. In this part, the main purpose is solve the two problems of the three types ofcorrespondence offense in joint crime, which bases on the nature of criminal actions. One isthat the action of correspondence offense is not only implementation behavior but also theaction of incitement or help, because it does not beyond the reasonable range of objectiveaspect of crime constitution, it is unnecessary to identify a joint crime. The other one is thatthere are two actions which is the implementation behavior and the action of incitement orhelp, which are completely different and should be convicted and penalized separately.Among these, the most significant part is that in one-side punishment type which can the correspondence behavior from one side be judged as the accomplice of the other side.The part3is mainly talk about a third party-involved in the correspondence offense, Byclassifying the third party-involved in correspondence offense behaviors with differentstandards and in accordance with the three types of the correspondence offense,the third partacts constitute a joint crime. Besides, this section is also focus on the relationship between theintroduced bribes and the accomplice of the bribe or bribery.The part4is mainly discusses the accomplishment of the correspondence offense.Theaccomplishid standard of the correspondence offense should be base on its crime constitution,not finish the cation of the two side. There are a lot of business type of the correspondenceoffense, the standard is to hand over the subject matter, no matter whether two sides arefinished their behavior or benefited. Besides, the accomplished standards of the bribe and thebribery are also the achieving time in different constitutive requirements of crime.The part5is about the self-accusation of the correspondence offense. In the samepunishment on the correspondence offense, the perpetrator should both confess the crimes andthe behavior of the correspondence side. In the different crimes and different punishmentcorrespondence criminals, the actor is surrendering himself to the police and confessing hiscrime need confess the action from other side. In the one-side penalty correspondence offense,the perpetrator may only confess their own crime to establish the voluntary surrender.