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Study On Status Crime Of Indirect Guilt

Posted on:2017-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2296330503462351Subject:Punishment law
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The concept of indirect guilt came from the Continental Law System. At present, China’s Criminal Law and judicial interpretation has not used this concept. But due to the needs of reality,China has begun to use the concept of indirect guilt to handle the case in practice. Therefore, the concept of indirect guilt needs more attention of scholars to explore. The theory of indirect guilt is a much more debated issue both in China and abroad. And it becomes much more difficult when it meets status crime. Many scholars call it despair chapter of criminal law.Firstly, this article introduce a real case to begin with. Then, it leads to the concept of indirect guilt and status crime, and puts forward some questions that needs to be solved in this article:Whether there’s any necessity of existence of indirect guilt or not; is Crime of Insurance Fraud a status crime? If it is a status crime, a person dose not have this particular identity, can he also be the indirect principal of Crime of Insurance Fraud? The conclusion of these questions can also be applicable to other status crimes of indirect guilt.Secondly, this paper analyzes the relationship between self-implemented crime and status crime. This author believes that self-implemented crime is a different concept from status crime,and there is a cross between the two concepts. Personal Status Crime belongs to self-implemented crime, but non-Personal Status Crime dose not belong to self-implemented crime. Both Personal Status Crime and non-Personal Status Crime belong to Standard Status Crime. However, there is no self-implemented crime in Nonstandard Status Crime. After analyzing the status crime, this author believes Crime of Insurance Fraud is a legal status crime of Standard Status Crime..Thirdly, this paper does not cover all the problems of indirect guilt, but only discuss some important issues of indirect guilt, which only relate to this paper’s problems. After discussing the characteristics of indirect guilt, it points out that although both indirect guilt and direct guilt have the principal quality, indirect guilt has many differences from direct guilt. Then this paper discusses the relationship between indirect guilt and self-implemented crime, and the relationship between indirect guilt and status crime. This author comes out that indirect guilt is opposite to self-implemented crime. Indirect guilt exists in legal status crime and complex-behaviors of natural status crime. However, there’s no indirect principal in one-behavior natural status crime.Finally, this paper analyzes the two types of the status crimes relating to indirect guilt, that is,a person having the identity uses a person without the identity and a person without the identity uses a person having the identity. Then this author discusses the case that the first chapter has mentioned with the conclusion that Zhang Wenjun and Xiu Qixin do not have the particular identity of Crime of Insurance Fraud, but they can use Huizhong Company who has the particularidentity to commit the Crime of Insurance Fraud so being an indirect principal.
Keywords/Search Tags:indirect guilt, status crime, self-implemented crime, crime of insurance fraud
PDF Full Text Request
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