Study On The Identification And Punishment Of Implicated Offen

The theory of implicated offense in the theory of criminal law is a very complex issue, controversial, at their own expense, the provisions of Baja for the first time since the concept of implicated offense in legislation, theory of implicated offense has made great development. Implicated offense is a special criminal pattern of objective existence, our criminal law expressly provides some implicated punishment principle, but because there is no clear connotation and principle of punishment of implicated offense in general, in the judicial practice for not expressly implicated offense at break is very confused, in the theory of criminal law community is Public opinions are divergent., difficult conclusion, both of implicated offense or feature and principle of punishment of different schools are controversial.Implicated offense is a kind of special crime is very important, and the definition and punishment of crime is related to the personal freedom of citizens and the right to life, therefore, no matter how obscure complicated theory of implicated offense, we must make a thorough study of this problem. This paper focuses on the theory of implicated offense in two of the most basic questions:identification and punishment of implicated offense is discussed, through the summary and analyze the different theories at home and abroad, in view of our country current legislative practice and Judicial Dilemma, crime essence of implicated offense and should be applied in detail from the point of view of a based on the principle of punishment and so hard.