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Research On The Quantity Of Offences Of Negative Crime

Posted on:2016-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:J J SongFull Text:PDF
GTID:2296330467494539Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The research of negative crime and the quantity of offences are problems in thecriminal studies, scholars in our country put forward the theory of negative crime andthe quantity of offences being suitable for our national condition by drawing from thecriminal law theory of continental law system and combining with the actual situationin our country. The criminal study in our country make a discuss on the behavioraland the causal relationship of omission, and form our own theory system. However,few scholars pay close attention to the quantity of offences about negative crime,which has something do with the complexity of the problem. Since nonfeasance is aform of behavior, it can set up the crime, and then there must be a question of thequantity of offences, that is to say, what circumstances can make a singularnonfeasance, and what kind of situation make a number of nonfeasance. This articlemainly discusses quantity of offences about negative crime through commenting thebasic theory of negative crime and the quantity of offences, mainly divided into fourparts:The first part, we need to analyze the basic concept of nonfeasance, which willproof the behavioral of nonfeasance through analyzing natural behavior theory, theoryof social behavior and personality behavior theory and so on.The second part, through analyzing the basic theory of the continental lawsystem, I put forward the eclecticism,which combine the simultaneity doctrine andavoid impossibility doctrine, and then the thesis will discuss specifically the behavior,sin, harmful results of negative crime.The third part, the imaginative joiner of offence of negative crime is the topicalform of the quantity of offences of negative crime, the thesis will discuss specificallythe imaginative joiner of offense of negative crime, the article will elaborate the basictheory of the imaginative joiner of offense,which plays an important role in thediscuss of the imaginative joiner of offense of negative crime. Then the thesis willdiscuss further the singular and plural of omission,which can be judged by the number of constitutive elements of crime. Then article will elaborate how to punishthe imaginative joiner of offense of negative crime according to the crime which willaccept heavier punishment.The fourth part, like as positive crime, there are also other forms of the quantityof offences of negative crime. This paper mainly discusses the aggravatedconsequential offence, continuous offence and combined offence of the negativeoffence. Then, it will specifically address the aggravated consequential offence ofcrime of abandonment, and also discuss the relationship of negative offence,which iscaused by leading behavior, and the aggravated consequential offence, and the paperwill also discuss the crime of traffic accident which cause some people’s death, inorder to raise some advices of the research on the quantity of offences of negativecrime.
Keywords/Search Tags:Omission, Behavioral, Judge of Quantity of Offences, Imaginative Joiner ofOffence, Aggravated Consequential Offence
PDF Full Text Request
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