Research On Implicated Offense Under The Theory Of Crime Number

Implicated in the context of the current theoretical research,belonging to the number of crimes in the content of a crime,in theory and practice which has an important position.On the basis of summarizing the types of behavior involved in committing the crime,this paper explains the condemnation and condemnation of the implicated crime in China after combing the question of the crime.In addition to the introduction,the text includes a total of four aspects.The introduction part mainly introduces the reason and background of this topic,the research status,the research significance and the research method and so on.This paper briefly introduces the concept of implicated crime as a theory which is not fully clarified in theory.In the practice,it is also confronted with the chaos of the crime of improper crime.On the basis of the analysis of the related theory of implication and crime theory,Of the conviction and sentencing to explore,has a more important theoretical and practical significance.The first chapter is an overview of the implicated offense and its typological research.This chapter mainly explains the current situation of the crime of Germany and Japan and the research situation of the implicated criminals and the research status of the theoretical circles,so as to reflect on the current situation of our country at the end of the chapter,and conclude that the implicated criminalization should be limited,At the same time,according to the requirements of the theoretical system of criminal law,adhere to the distinction between the standard of crime as a guide,and ultimately be clearly implicated in the concept of this type.Through the description of the four qualifying elements of the purpose,conduct,charge and implication of the type of conduct involved,the concept of the implied offense,and the conception of ordinary sins,ordinary sins,sins,Phase distinction.Thus clearly implicated in the theory and practice are independent of the existence of their own value with a type of crime.Chapter ? of the crime under the theoretical system involved in the dilemma.This part of the content around the theory of crime launched,introduced the concept of crime theory,system status and purpose and function.And then analyzes the current theory of the number of crimes in our country.It mainly introduces the different viewpoints of the theoretical circles in the distinction between the number of crimes and the "three-point" crimes formed under the constitution of the crime as the criterion of the number of crimes Morphological classification.This chapter suggests that the criteria that should be distinguished by the number of subjects as a crime should be used to correct the deficiency of the crime constitution as a distinction between the number of crimes.At the same time,under the system of the number of crimes,the author analyzes the dilemma involved in the system.Chapter ? implicated criminals should adhere to the number of crimes and punish the way.This chapter is based on the study of the types of implication and the distinction of the number of crimes in the preceding article.It is stipulated that the implied offense should be dealt with as a number of crimes in the theory and practice.In particular,the declaration of the number of crimes should be applied Mode of punishment.From the positive and negative aspects of the implicated criminals should be set up to start the analysis of several crimes,especially from the outside of the system involved in the nature of their own,to find a reason.The fourth chapter is implicated as a discretionary sentencing plot.But implicated in the crime is different from the ordinary case of crime,according to the purpose of the point of view,implicated guilty of some time can be taken as a discretion from the sentencing circumstances to be dealt with,and thus certainly implicated in the sentencing of the meaning.This provides a viable path for the manipulation of judicial practice.