Research On Plot Crime

As a special type of crime in our country,plot crime occupies a large proportion in our country's criminal law and has always been concerned by theorists and practitioners.The current research on the plot crime in our country,more scattered in some textbooks,the relevant articles lack of systematic and systematic.In terms of content,it involves the definition of the plot crime,the relationship between the criminal law and the position of the crime.The basic theory of the plot crime,combined with the judicial practice in the relevant issues,the problem of the plot to conduct a systematic analysis of the study,including the following five parts:The first part is an overview of the plot crime.This chapter mainly from the concept,characteristics and circumstances of the offense violates the necessity of the existence of three aspects,the emphasis is on the characteristics of the circumstance are analyzed according to the interpretation of circumstance crime compared with the role and nature of foreign related theory,the circumstance elucidated the necessity of.Through the introduction of this part,the basic theory of the plot crime is clarified,which lays t for the study of the related problems.The second part is the analysis of the relationship between plot crime and related concepts.Mainly through the plot of crime and crime of amount,consequential offense,behavioral offense compared to that of circumstance crime exist side and inclusive relationship with the amount of committed crime types,which may conduct crime may be committed,the relationship to define and accurately in the judicial practice of crime cognizance of circumstance crime.The third part is the system of the criminal theory of the plot of the plot.This part first clarifies the relationship between the plot crime and the crime constitution.Then,the author discusses the relationship between the conviction of the core problem and the theory of the crime constitution.At the same time,the author analyzes the relationship between the theory of non-penalty illegality and the plot crime,and makes clear the relationship and difference between them.The fourth part is the judicial application of plot crime.The first part discusses the identification of the crime plot,plot crime in the judicial practice often lack of standards,the core of the problem is to solve the word "serious(vile)" standard.Secondly,on the relationship between the proviso in article thirteenth of the criminal law and form of circumstance crime plot crimes,on these issues in the current mainstream view of carding,analysis and put forward the author's point of view.The fifth part is the defects and improvement of the plot crime.The circumstance there have always been controversial,which is mainly due to the crime of fuzzy expression in criminal law provisions of the plot,this part of the present "to explain the status of serious" and the main problems in the plot crime in the criminal law interpretation and summary,and puts forward some improvement suggestions.