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The Demonstration Of One-side Joint Offense

Posted on:2018-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:A R DingFull Text:PDF
Abstract/Summary:PDF Full Text Request
There are many disputes about the One-side joint principle offender no matter in Chinese or foreign criminal law theory.Although most scholars hold a negative attitude to it,there are still a few scholars hold a positive attitude.As a social phenomenon,One-side joint principle offender is not based on the will of the human.Even the negatived scholars can not deny it.From the perspective of Chinese and foreign criminal law,there is no clear provision for the One-side joint principle offender.Therefore,it is required to respond to this problem in the criminal theory,to determine the attribution of its nature,in order to solve the problem of One-side joint principle offender.From the perspective of criminal law,One-side joint principle offender is not only corresponding with the principle of “Integration of subjectivity and objectivity”,but also fit the essence of the Joint offense.From the judicial practice,for One-side joint principle offender of the phenomenon is generally considered to be a one-sided help of the situation,but this approach is not only easy to lead to the omission of the crime,but also contrary to the judicial injustice.Only to recognize the One-side joint principle offender,can the problems be solved,the punishment be given appropriately,and the effectiveness of litigation be improved.
Keywords/Search Tags:one-side joint principle offender, the principle of “Integration of subjectivity and objectivity”, the essence of the Joint offense
PDF Full Text Request
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