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Help Make Tools Can't Altogether The Prisoner Behavior Qualitative Analysis

Posted on:2018-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:R GongFull Text:PDF
GTID:2346330518953121Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
Offer tools to help make can't case is often the case in a joint crime,about the help make tools can't altogether the prisoner behavior of qualitative research,each in criticizing his point of view and reflect on their own point of view to take all kinds of different opinions.In judicial practice,to help make the tools can't with whether a joint crime between prisoners,such as a joint crime,the behavior of committing and help make different decision when convicted and punished.In this paper,with the aid of a common intentional homicide,for example,through the form of case analysis,to provide tools for helping make can't when the prisoner behavior of qualitative research.The full text is divided into four parts:The basic situation of the first part is the case.Disputes mainly includes the cause of action,the case is introduced,and the contention four parts,is a basic introduction to the case.The second part is the legal analysis of the related problems.Mainly based on the case of the debate and controversy about theoretical issues in-depth analysis,firstly discusses the crime in accordance with the cognizance of crime constitution,secondly discusses the behavior of committing a crime stop form,the third help make punishable behavior basis,The fourth paper conform to the crime constitution that help make behavior,The fifth argument prisoners of joint crime.The third part is the conclusion part of the case.Through the legal analysis of the foregoing,party a and b constitute a joint crime,a total of prisoners in their own subjective sin dangerous act under control within the scope of criminal responsibility,a behavior of party c and party d constitute intentional homicide,behavior constitutes murder to party c(suspension),party d behavior constitutes murder(failed),and finally a dangerous act by intentional homicide,crime form is attempted.B for party c and party d actions constitute intentional injury,constitute intentional injury to the behavior of the party c(failed),party d behavior constitute intentional injury(accomplished),eventually the dangers of b by behavior constitute intentional injury,crime form is accomplished.Armour,as perpetrators plays a major role in a joint crime shall be deemed to be the prime culprit,b for helping make,who plays a secondary or supplementary role in a joint crime shall be deemed to be an accessory.The fourth part is the case study of revelation,based mainly on the legal theory and case analysis conclusion to the case that,for a total of prisoners committing ACTS that should be followed in the unity of subjective and objective stance.To stop a crime form should be in accordance with the behavior person stance explain why will both inside and outside;The nature of joint crime as behavior and joint together properties conform to the judicial practice and safeguard national behavior expectations;Discretionary circumstances for the legal requirements of the judicial organs in the process of sentencing to discretionary sentencing plot as the basis of sentencing in order to realize the crime punishment.
Keywords/Search Tags:perpetrators, To help make, Tool can't, Subjective sin, Mutually conditional
PDF Full Text Request
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