Implication-Related Problem Study

Since its emergence,the concept of implicated crime has been controversial.At present,only a few countries and regions in the world have made explicit provisions on implicated crime in their criminal codes.The issue of the existence or abolition of implicated crime has always been a hot topic controversial in the field of criminal law.Although there is no clear concept of implicated crime in the general principles of criminal law in China,it is involved in the specific provisions of criminal law and some judicial interpretations.However,these provisions are varied and sometimes contradictory.Based on the analysis and study of the actual cases,this paper discusses the research status of implicated offense,the predicament existing in the theory and practice,the identification of implicated relationship and the principles of handling it from the perspective of theory and practice.This paper is divided into four parts.The preface mainly introduces the background of the research on implicated offense in this paper.In the literature review,it briefly enumerates the research results of some scholars at home and abroad on implicated offense and their Suggestions on the punishment of such cases as oil theft on oil pipelines in a destructive way.The first chapter takes the relevant oil theft case as the entry point.This paper summarizes and analyzes the cases of stealing crude oil in Shaanxi,Gansu and Ningxia provinces in recent years,and concludes that the main way of stealing crude oil is to steal crude oil from oil pipelines in a destructive way.Judicial organs do not have a unified standard for the conviction and punishment of such oil theft cases.They make different judgments depending on their own experience,knowledge and understanding of the law.In this paper,various judgments are listed one by one and relevant legal basis is given.The second chapter analyzes the research status of implicated offense both in theory and legislation.Although the theory of implicated crime originated from Germany,there is no relevant provision in the criminal code of Germany at present.Although Japan is one of the few countries in the world where the concept of implicated crime and its principle of punishment are written in the criminal law,it has been disputing over whether to keep or abolish the concept of implicated crime.The theory of implicated crime also existed in China's criminal law before liberation,which has been used in Taiwan since 2005 when the concept of implicated crime was abolished.At present,the criminal code of mainland China does not stipulate the punishment principle of implicated crime,but there are different stipulations on the punishment principle of implicated crime in the criminal law and some judicial interpretations.It is precisely because there are differences and disputes on the definition of implicated offense in theory that implicated offense is still facing difficulties in theory,legislation and judicial practice.Based on the theoretical analysis in the previous chapter,chapter three clarifies the implication of such cases as drilling holes in the pipeline in a destructive manner to steal oil.At the same time,it is not applicable to the implicated offense to judge the implicated offense from the same point of view,and the principle of combined punishment for several crimes should be applied to the implicated offense.The fourth chapter gives a clear suggestion to the cases of stealing crude oil in destructive way which has been mentioned in this paper.The second section of this chapter also proposes that some advanced preventive measures can be referred to foreign countries for the theft of crude oil cases,in order to protect national resources more effectively.