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Research On Some Problems Of Multiple Acts Crime

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y S CaoFull Text:PDF
GTID:2296330503950971Subject:Law
Abstract/Summary:PDF Full Text Request
Multiple acts crime, based on the specific provisions of criminal law provisions of a particular crime objective aspect of crime contains the behavior of the unit bits for the standard of division and modality a new modality of crime, and it made corresponding to a single behavior. Characteristics of multiple acts crime is that it commits a crime within the unit contains a number of behavior, which makes multiple acts crime in sin number on the modality, cease modality and accomplice modality appears committed has great difference with the traditional single behavior. Practice for some multiple acts crimes made special crime modality in the criterions for the conviction and deeply, be badly in need of a set of multiple acts crime made the complete theory to guide the judicial practice. Because of this, the multiple acts crime into the criminal law theory field of vision, however, scholars from different Angle to define multiple acts crime, put forward about the multiple acts crime made special crime modality the view of theory, there are major differences between factions of theories, unable to modality a unified theory system. In this article, the author traced back to specific provisions of criminal law provisions for source, advantages and disadvantages analysis theory of factions, bone of contention around the doctrine is discussed, and then to determine the concept of multiple acts crime, as the base, fully discusses the multiple acts crime in sin number, cease and accomplice modality features.This article is divided into four chapters:The first chapter: The outlining of Multiple acts crime. In this chapter, the author through to make the relevant concepts about the multiple acts crime doctrine to compare comb, listed the theoretical circle in multiple acts crime made the analysis of the definition defined in four big problem, and analyze them one by one. On this basis, to determine in this article, the term "made the concept of multiple acts crime. Around the multiple acts crime concept, the author discusses in detail the multiple acts crime made in the subjective aspect and objective aspect and the object characteristics, especially the objective characteristics, it is made from a single multiple acts crime made the most significant characteristics. The author will compound behavior crime objective aspect characteristics can be divided into compound behavior crime behavior overall features and compound behavior crime unit two parts, in order to depict detailed multiple acts crime made objective aspect, for after studying about special crime modality of the Multiple acts crime to lay a solid foundation.The second chapter: The Crime number Modality of Multiple acts crime. In the multiple acts crime of the perpetrating act, there are a number of behavioral unit, have multiple acts crime on surface, easy to occur in practice and other special confusion in the modality of crime number. This chapter through the criminal law theory of crime number theory model, determine the multiple acts crime in sin number theory system of position, then easily confused with multiple acts crime made special and multiple acts crime number modality make compare one by one, to deepen understanding of compound behavior crime, crime number modality.The third chapter: The Cease Modality of Multiple acts crime. Due to the multiple acts crime of crime unit contains a number of behavior, behavior in the implementation of the complex person committed when need to experience a process of time and space, in this process, the actor is based on different reasons to cease down, can present a compared with single behavior made more abundant morphological characteristics. This chapter is divided into three sections, in the first section, the author will be subject to a criminal attempt refers to a modality of three elements: start, not consummated, and the offender will combination, the essay discusses the characteristics of multiple acts crime modality; The second section, will focus on analyzing the aggravated the cognizance of the discontinuation of a crime under the plot; The third section, it is a delegate with robbery, the compound behavior crime, the crime only compound behavior crime to protect the various object of an object, discussed standards crime accomplishment.The fourth chapter: The Joint crime Modality of Multiple acts crime. This chapter is divided into two parts. The first part of study of multiple acts crime made the common crime, explore when compound behavior crime is a true identity crime, with identity is no identity can be compound behavior crime of joint crime. The second part focuses on the multiple acts crime of inherit an accomplice. After the offender in the previous line is already in the process of committing a crime, and pedestrian about modality crime to do intentionally contact, after which the offender or two people together to complete the rest of the crime cases, after the person need to responsible for the crime, if before the behavior of the person causing the aggravated the plot, the actor will need in the aggravated punishment within the margin of sentence, the author will be discussed in detail in this chapter.
Keywords/Search Tags:Multiple Acts Crime, Crime number Modality, Cease Modality, Joint crime Modality
PDF Full Text Request
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