On Implicated Crime ——Analysis Of The Case About Some Li’s Etc. Credit Card Fraud

Implicated crime,as one of the theory of crime number,is applied frequently in the judicial practice and there are more controversy over it as well. At present,there are many viewpoints about the theory of the implicated crime. One of the main reasons is that the theory itself is still in perfect. Judicial practice cannot be well guided as result of the imperfect theory.Nevertheless,implicated relationship objectively exists in many specific cases. What on earth significant characteristics does the implicated crime have?How to recognize the implicated relationship? How to distinguish the implicated crime and some other types of crime number ? How to establish Scientifically and reasonably the principle of punishment about implicated crimes? This series of problems to be solved brought a certain degree of confusion to the judicial practice.In this paper,starting from the real case of a newly occurred and generalizing the main differences of the case in the judicial practice,and combined with the related theory of the criminal law system and the specific provisions of criminal law in our country, talking about some Li, etc. using a false identity to get a credit card, and defraud with the credit card. Hoping to get a more comprehensive and detailed understanding the series problems above the context about the implicated crime. The full text concluding four parts:The first part: the cause of action and the introduction to the main points about the case. This case is about some Li,etc.using a false identity to get a credit card and defraud with the credit card.This part mainly tells the whole process about some Li etc.,using a false identity to get a credit card and defraud with the credit card.The second part: The focus about the case and the controversial views and opinions.The focus of the case is whether some Li.etc.,constitutes implicated crime and should be punished for several crimes even if they constitute implicated crime.This part mainly including two different opinions on the case: the first is that some Li,etc.,only constitute one crime because there is only a single behavior;The second opinion is that some Li etc.,should be punished in that there are several behaviors that violate the criminal law.The third part: the legal analysis. This part is the key part of this paper. Concept is the starting point of understanding things,therefore,the author firstly made clear the concept which is widely accepted.Second,grasping the cause and effect of things is theguarantee of a comprehensive understanding of things,in order to get a comprehensive understanding on relevant theory about implicated crime through reviewing the origin and development of the implicated crime.Then a further talk from the characteristics of the implicated crime,and the similarities and differences to the other forms of crime,the judgment criteria of implicated relation,the problems existed in the current and the dispute about reserving or abolishing the implicated crime,and so on. According to talk about aspects of the implicated crime in the above,the article points out that the implicated crime cannot be abolished for the reason that the implications in some crime truly exist in the real world. The author thinks that talking about the abolition of implicated crime is a to avoid conflicts,the ostrich approach,on the contrary,in line with practical, academic spirit,we should continue to further study in the theory of implicated crime and make the theory a further development and improvement.The fourth part: The conclusion and the rethinking after the case.The article points out that some Li etc., consisted implicated crime.At the same time,the author insist that some Li etc.should be given a heavier punishment according to the fraud of credit card crime,based on criminal law principle that one’s criminal duty should equal to his guilty and the proper criminal policy,fully considering the purpose of general prevention and special prevention of penalty and give full consideration to the harmony and integrity in the number of crimes theory.The article points out that implicated crime is a complicated problem in criminal law theory and judicial practice. Implicated relation objectively exists in many specific cases, therefore,implicated crime cannot be abolished in criminal law theory system in our country. On the contrary,we should further study the related theory and improve it step by step.