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The Introduction Behavior In Criminal Law

Posted on:2018-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2336330512484374Subject:Law
Abstract/Summary:PDF Full Text Request
With the diversification and normalization of the acts introduced in the field of illegal or criminal activities,the types and numbers of introductions that have been incorporated into the scope of criminal law regulation have increased in our country.The characteristics of the introduction behavior in criminal law and the lack of criminal legislation and theoretical attention and other reasons,leading to the introduction of behavioral criminal law evaluation faces many judicial problems.It is of great theoretical and practical significance to strengthen the research on the integrity and typology of the introduction of criminal law.The first part defines the introduction behavior in the criminal law.First of all,from the clarification of criminal law in the description of the connotation of behavior,and then analyze the behavior of criminal law has the media,dependency,object specific characteristics.Finally,according to the different ways of criminal law evaluation,the general behavior of the introduction of criminal law into Perpetrated introduction behavior and co-commit behavior.According to the nature of the related behavior,the Perpetrated introduction behavior can be divided into the behavior of the criminalization of the relevant behavior and related behavior part of the implementation of non-criminal behavior.In accordance with the different behavior of the criminal law,the co-commit introduction behavior can be further subdivided into the introduction behavior of the related behavior,the related behavior is different from the regulation of the behavior,the act of punishment only punish the party's behavior.The second part discusses the rationality of the Separate crime introduction behavior and related problems in judicial practice.Whether the related behavior of the crime or related behavior part of the non-criminalization of the Separate crime introduction behavior,its existence are reasonable and necessary.This paper mainly aims to solve the difficulties in the judicial determination of Separate crime introduction behavior.Especially on the nature of interception in the process of introduction and the completed identification of Separate crime introduction behavior,then puts forward the countermeasures.The third part analyzes the specific nature of the co-committed introduction behavior and the solutions of the relevant judicial identification problem.In terms of the specific qualitative aspects of the co-committed introduction,this article confirms the rationality and scientificity of the criteria for the recognition of the co-committed introduction behavior in order to accept the entrustment as the standard.On the basis of this,Combing difficulties in the judicial determination of co-committed introduction behavior.Such as the perpetrator both introduces crime and abetting crime as well as the perpetrator both introduces crime and committing a crime separately.The fourth part summarizes the problems in the legislation of behavior introduced in the criminal law and puts forward the optimization idea.This part mainly analyzes the specific perfection level of the criminal law regulation from the legislative technical level and the different types of behavior.Legislative technical level.It is recommended to regulate the legislative way of introduction behavior in the criminal law and to unify the expression language of the behavior introduced in the criminal law.The legislation perfection of Separate crime introduction behavior,to optimize the statutory punishment and refine the "serious circumstances" of the identified standards.The legislation perfection of co-committed introduction behavior,to uniform regulations of co-committed introduction behavior and identify the specific qualitative criteria of co-committed introduction behavior.
Keywords/Search Tags:Introduction, Affiliate actions, Separate crime Introduction Behavior, Co-committed Introduction Behavior
PDF Full Text Request
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