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The Theory Of Object Error And Combat Error

Posted on:2016-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhaoFull Text:PDF
GTID:2296330470955210Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to object error and combat error configurable problems,put forward the standard that behavior object and results object whether appear the same to distinguish them.And discusses the causes of the confusion between the two different types of errors in the isolation crime, accomplice.This paper believes that the object error and combat error belong to the same mistake of fact, but it should not be ignored combat errors in addition to recognize errors, or a behavior error. So in the identification error types, according to the act of perpetrating the directing object determined intention understanding. Moreover, in different time point,in different crime participants result to make error type. Based on the error belongs to deliberate,deliberate cognizance depend on implement time of prepetrating.And accomplice attributes principle,only base the time of prepetrating act,can correctly judge the specific case belongs to object error or combat error. Finally, this paper thinks, should choose the Comform to specific theory,to deliberate whether be hindered.The full text is divided into four chapters, about thirty-five thousands.The first chapter is object and combat error’s overview. First of all,differentiates and analyses dispute definition inappropriate classification.Put the error of cognition on illegal fact premise reasons into objects error;make compared between the actor in the combat error not only caused minor injuries caused on expected object and make unexpected object to death,and want to make felony at first but actually caused misdemeanor results in the abstract fact mistake. Secondly, because the domestic object error and target error are different concept, but the theory of foreign object errors and China’s target error is consistent; and combat errors and means error can refer the way error, but they are different types of errors. In order to avoid mistakes in understanding and reference, the author distinguishing relevant concepts. Finally, from the error occurred, the specific error object, understanding and intentional features of two types of error, to strengthen the understanding of two concept. Chapter second, tell the difference between object error and combat error. On the one hand,base the foreign scholars and domestic scholars’s claims,to demonstrate the need to distinguish the two types of errors.Foreign scholars believe that in the doctrins of concrete accord,the same constitution of combat error and object error whether resistance deliberately is different, if the confusion them, it will cause the inappropriate use of guilt.The domestic scholars from the degree of deviation, causes, the number of elements to illustrate the necessary to distinction them. On the other hand,the author proposes the distinction standards,that is the behavior direction object which conduct by actor’s prepetrating act,and result object same or not,to distinguish the two error.Chapter third,the understanding and response on the "wrong" complex situation.In practice, two kinds of errors occur confusing situation mainly,intervention factors occurred between the end of the behavior and the result.The author thinks, the reason cause two kinds of wrong mistaken is the time point of choice to the error type’s identification. So it should be take implement behavior implementation time points as identified the wrong time.Chapter fourth,combat error and object error’s disposal. Firstly,in my opinion,we should be make rethink between the doctrines of concrete accord and the doctrines of legally prescribed accord. And whatever the theory, are based on statutory constitution as the premise, all require the evaluation object with the same interest. The mere existence of specific view of the same legal interest, or abstract view. Secondly, introduced and comments the disposal theory of our country and the continental law system.Finally, the author argument the view that choice the doctrines of concrete accord as object error and combat error’s disposal theory.
Keywords/Search Tags:Combat error, Object error, The doctrines of concrete accord, Thedoctrines of legally presccribed
PDF Full Text Request
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