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The Accomplice Of Accomplice

Posted on:2019-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2416330548451668Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As one of the basic theories of criminal law,the theory of accomplice already have much research on it.However,the deepening and perfect theory to it--accomplice of accomplice has seldom be paid attention.Up to now,in the mainland of our country,only Mr.Ma Kechang has given an outline of it in his book named General Theory of Criminal Law,then,Dr.Tian Miao made a further explore to this issue in his doctoral dissertation,but the primary coverage focuses on the types about accomplice of accomplice.However,little research has been done on the punishment and improvement about the accomplice of accomplice.For the study of this theory,it is not the author absent-minded.At present,in addition to the relevant theoretical circles,relevant cases have also emerged in the realm of practice and have drawn wide attention.In these cases,some issues related to the lack of legal basis for handling complicity,and some improper sentencing are involved in the case,which makes the parties refuse to accept their minds and the public is also hard to understand it.Therefore,studying the accomplice of accomplice has profound theoretical value and practical significance for deepening the theory of complicity,improving the concepts of accomplice and promoting the adaption of crime and punishment.In the process of writing,The author through the collection of documents,case collection,comparison and analysis and other basic methods,integration and analysis of practical and theoretical controversy.The author began to write this article with in-depth ideas.The text of the article consists of four parts,about 35000 words.The first part discusses the theoretical foundation of accomplice of accomplice,that is,studies the related issues of complicity,starting with the relevant concepts and types of accomplices,and discussing the concepts of narrow accomplice and general accomplice and the classification of accomplice.Then analyze the related nature of accomplice,that is,the attribute,independence and duality of accomplice,introduce its basic content and compare its advantages and disadvantages,and finally form my own conclusions,so as to lay the foundation for the subsequent recognition of the uniform.The main content of the second part is an overview of accomplice of accomplice.Firstly,the definition of the accomplice of accomplice in both domestic and foreign legislation and theory is introduced.Next,the type and adscription of the problem are studied.At the same time,the author's viewpoints are elaborated.Finally,combining the aforementioned concepts and properties,the role of accomplice of accomplice is determined and their properties are studied.The third chapter,as the focus of the whole thesis,mainly studies the punishment of the accomplice of accomplice.First of all,it introduces the specific content of foreign legislation and theoretical circles on this issue,mainly focusing on Japan.It then elaborates on the provisions of the early Chinese legislation on this issue,and introduce the main points of Taiwan scholars view on how to punish different types about the accomplice of accomplice.And the author analyzes the typical cases collected to clarify the status of punishment in China.Then the necessity of penalties for accomplice of accomplice in our country is discussed to provide a basis for their punishment.Finally,according to the problems reflected in the case,the principle of the establishment of accomplice of accomplice was summarized based on the basic theory of criminal law,in order to solve the problem of confusion.The fourth chapter takes the content of the third chapter and returns to the related issues about the accomplice subordination and independence.It mainly analyzes the plight that our country still faces the punishment of accomplice of accomplice under the existence of the clear principle of establishment.And for the main problem,the author put forward the legislative and judicial proposals to make it more reasonable when the accomplice of accomplice is punished.
Keywords/Search Tags:Complicity, Nature of complicity, Accomplice of accomplice, Basis of punishment, Founding principle
PDF Full Text Request
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