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A Study On The Issue About The Nature Of The Lookout Behavior In Joint Crimes

Posted on:2015-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:W XieFull Text:PDF
GTID:2296330470979716Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Lookout behavior is one normal form of joint criminal behaviors,which used to describe the behavior of a person who accompanies other criminals during the commission of a crime, and warns them of the impending approach of hazards. This kind of behavior, with different patterns, can be complicated in judicial practice. People who execute the lookout behavior can be judged as the accomplice or the perpetrator. Owing to our special legislative mode of joint crime, we don’t attach importance to determine the nature of the lookout behavior in both theory and judicial practice. This way of deciding the sentence, which skips the step of deciding the nature of criminal behaviors, according to the role it played in joint crimes, may cause risk of replacing the legal normative issue to the matter of sentence and may face problems about the conviction and sentencing in more complicated situation. The thesis insists that we should act step by step which means we should decide the nature of lookout behavior before we decide the sentence which will make the conviction and sentencing more scientific and fair.The thesis includes the following parts.Preface mainly explains the reasons why I choose this topic and the significance of this topic.Part one defines the lookout behavior and its types.Part two comparatively studies different countries’ judicial position on the issue of deciding the nature of the lookout behavior and summarizes the different judicial mode on conviction and sentence on this issue. Throughout research, it shows that this issue has not been valued in Chinese judicial practice yet. The way that ignores the importance of deciding the nature of joint criminal behavior but rely too much on the role that behavior played on the joint crime during the judicial activity, can be harmful. Accordingly, this thesis brings up the importance of deciding the nature of the lookout behavior during its process of conviction and sentence.Part three presents several representative countries’ legislation of joint crime. This part shows that there are two major forms of joint crime legal system in these countries: the single perpetrator system and the perpetrator-accomplice differing system. The attitude to the concept of perpetrator varies from country to country, areas to areas. The ways to decide the nature of the lookout behaviors varied. Chinese legislation adopted the principal-accomplice differing system. The opinions about the form of the classification of joint criminals in current China are different. The general theory of this issue may have caused problems.Part four is the outline of joint crime theory which closely connected to the issue: the deciding of nature of lookout behavior.” Objectivism”, “Subjectivism” and “Neutralism” are three basic criterions which have been used to judge the specific pattern of joint crime such as lookout behavior. This part summarizes and gives introspection on the general theory of this topic and shows the thesis’ s position.Part five discusses the several possibilities of the nature of the lookout behavior and focuses on studying the possibility of the lookout criminal to be the co-perpetrator, which includes the classification of connected conception about the co-perpetrator and the condition to be co-perpetrator.
Keywords/Search Tags:Joint Crime, Lookout Behavior, Perpetrator, Nature, Co-Perpetrator
PDF Full Text Request
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