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Research On The One-sided Accomplice Of Robbery

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhaFull Text:PDF
Abstract/Summary:PDF Full Text Request
As a serious and difficult problem of the theory of criminal law, joint crime theory has a long history. One-sided accomplice is an objective phenomenon in the judicial practice. But whether one-sided accomplice belongs to the category of joint crime, the elements of establishment, type, punishment and other related issues, there has been a great controversy in the form of law theory. Under the traditional theory of joint crime, Joint crime intentionally comprehensive in content, the two sides are in contact in form. But the author thinks that the theory of joint crime does not completely eliminate the existence of one-sided accomplice. The intention is not to be equated with the meaning of each other. Unilateral contact should be regarded as the lowest common form.Robbery is a serious crime in the practice of criminal justice in our country, violation of the personal and property rights, in the one-sided accomplice of the crime of robbery, often the person who is informed of the knowledge is often secretly involved in the act of making or taking part in the act of robbery, covert behavior, relatively large social harmfulness. This article tries to analyze the basic theory of the one-sided accomplice of the crime of robbery by case study and finds that the punishment is the punishment, to analyze the theoretical and practical problems by using the unilateral accomplice of the crime of robbery as a breakthrough, and try to expand the "joint crime" in the criminal law of our country.In addition to the introduction and conclusion, the main body of this paper consists of four chapters.In the first chapter of the actual case encountered in the judicial practice as an example, leading to the existence of "one-sided accomplice", discussing definition, characteristics, basic types and punishment principles of one-sided accomplice.The second chapter: Summary of the one-sided accomplice in the crime of robbery. On the basis of the understanding of the one-sided accomplice, this paper expounds the concept of the one-sided accomplice in the robbery. Secondly, combined with the case study of the type of one-sided accomplice of the crime of robbery, for the one-sided accomplice in the crime of robbery, the author is in favor of the establishment of one-sided, one- sided and one- sided accomplice. Finally, on the cognizance of the one-sided accomplice in the crime of robbery, on the principle of” bearing responsibility solely for one’s own” and “partial implementation and the complete responsibility”, to investigate whether the situation is responsible for the increase in the implementation of the results and the problem of each behavior maybe have different forms of crime stop.The third chapter robbery sided accomplice finds difficult related issues were discussed. This section compares the study of robbery and robbery sided Accomplice indirect principal difference between the first contact; then discuss with robbery accomplice inherited differences; Next, in specifically identified sided Accomplice in robbery, criminal responsibility for those who can constitute a relatively transformed robbery sided and one-sided accomplice can be set up informant posing as police robbery aggravating circumstances be guilty of focused discussion.Chapter IV of the inquiry robbery sided accomplice perfect justice issues. The first chapter focuses on the theory and under the current legislative model, the reason I do not agree to modify the legislation. Perfect for one-sided accomplice based on the judicial level, from the judicial interpretation of the "common intentionally" do expand interpretation; And then to guide the preparation of typical cases to the courts to be a reference; Finally refinement robbery sentencing standards for the crime.
Keywords/Search Tags:Sided accomplice, Meaning contact, Robbery sided accomplice, Identification and treatment, Improve the administration of justice
PDF Full Text Request
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