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The Cognizance Of Liaison Of Intention In Joint Offence

Posted on:2017-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:C C YangFull Text:PDF
GTID:2336330512968157Subject:Law
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The theory of joint offence is an important part of criminal law.The problems of joint offence are also more complex and difficult in criminal practice.For joint offence,the subjective element is fundamental and crucial to its cognizance.As the core content of joint criminal intention in the subjective constituent elements of the joint offence,liaison of intention play an important role in the cognizance of the joint offence,which is a necessary element of the subjective component of the joint offence and full of much important research meaning and value.Therefore,cognizing correctly is an important basis for the cognizance of joint offence,conviction and sentencing.Accurately understanding the connotation of liaison of intention is the chief issue of identifying liaison of intention correctly.The innate character of liaison of intention is its content,which should include such as joint offender make subjective contact on criminal offending?joint offender have known that they are commit a crime together by liaison of intention?they make agreements by liaison of intention.The content of liaison of intention is the content of cognition of joint criminal intention.The content of that are different when it is divided into coherent criminal intent and general criminal intent.It is necessary to follow the principle of consistency of subjectivity and objectivity and the principle of unity and difference to cognize liaison of intention,which be made through the way such as expression,suggestion,taciturnity and so on.When identified liaison of intention,it should be analyzed according to the type of liaison of intention of executor,abettor,assistor,prime culprit,accessory and accomplice under duress under the system of the type of joint crime.Liaison of intention is a dynamic process of the formation of criminal intent.Within the given scopes,according to the principle of cognizance and acting by objective behavior,the following intention give detail explain that cognizance's characteristics of each type of liaison of intention according to the characteristics of different types.Besides the following general principles and methods of liaison of intention,it also needs special treatment when we encounter such as failing in liaison of intention,adding liaison of intention of one-sided accomplice,acting liaison of intention of over limit behavior and some other special problems in the process.
Keywords/Search Tags:joint offence, liaison of intention, cognizance
PDF Full Text Request
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