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In Terms Of The Departure Of The Complicity In China

Posted on:2018-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:M J ChenFull Text:PDF
GTID:2416330569475623Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the provisions of Article 24 of the Chinese Criminal Code,the discontinuance must be subjectively arbitrary and effectively prevent the occurrence of criminal consequences,so as to establish the suspension.Some situations are often happened in judicial practice,that in joint offence,the perpetrator(s)terminate the accomplice with other accomplices is not based on arbitrariness,or the perpetrator(s)automatically abandoned the crime in the crime process and the crime is committed.Such situation can't be dealt with in accordance with the discontinuance,because it does not meet the conditions for the establishment of the discontinuance.It also can't be dealt with in accordance with accomplished offender,that's very harsh.In order to solute the situations,it's necessary to introduce the theory of the departure of the complicity.Around this problem,I mainly do the following work areas:First,access to relevant literature to introduce some basic questions of this article,this paper discusses the basic concepts of the theory of the departure of the complicity.Including the concept,the legal nature and the relationship between the departure of the complicity and the discontinuance of the complicity.Secondly,analysis the current situation of theoretical research and the problems in judicial practice.Now our research on this issue is rare and most of the existing research is copying the views of foreign scholars,they are not combined with our reality.What's more,there are lots of cases about the departure of the complicity,but the perpetrator(s)can't get a reasonable penalty because the lack of legislation.Third,introduce foreign related theories,this paper mainly selects three representative countries,namely Japan,Germany and the United Kingdom.Japan is the originator of this theoretical study,the scholars created some typical theories.The United Kingdom and Germany have similar theories and regulations,such the withdrawal of the complicity in British,the related provisions of the discontinuance of the complicity in German Penal Code.Last,this paper make some suggestions about the establishment of the departure of the complicity.In the position of the doctrine,we should use normatively cutting off cause and effect relation saying.In legislation,we can make the relevant provisions in the Penal Code.In judicial practice,we should discuss the problem on organized offenders,perpetrators,instigators and help offenders.
Keywords/Search Tags:Departure of the complicity, Joint offence, Suspension, Discontinuance of the complicity
PDF Full Text Request
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