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The First Look At Multiple Complicity

Posted on:2019-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MengFull Text:PDF
GTID:2416330596968259Subject:Law in Practice
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Accomplice of accomplice is a kind of more complicated form of complicity.Based on the study of its theory,the author boldly puts forward a new concept – multiple complicity.The purpose of this paper is,standing on erfolgsunwert standpoint,through the way of case combined with theory,to lead the concept of multiple complicity,to illuminate its characteristics,to simply analyse its justification of punishment,to conclude its doctrine of liability fixation by classified discussion in detail,with a preliminary exploration on multiple complicity.This paper is about 23500 words in four parts:Part one: overview of multiple complicity.It is necessary to put forward the concept of multiple complicity,although it is similar to accomplice of accomplice,because the two should be distinguished.The “accomplice” in accomplice of accomplice only refers to the narrow sense of accomplice,but it is not enough to summarize all the forms of complicity that can be thought of,and multiple complicity fills up the omission.In addition,“one – sidedness” is a very important feature of multiple complicity.According to the combination of different forms of complicity,multiple complicity can be divided into three categories: the multiplicity of principal offenders,the multiplicity of the accomplices and the multiplicity of the principal offender with the accomplice.Under the background of the written criminal law in China,there is no obstacle to the punishment of multiple complicity.The research should focus on the liability fixation of different categories of multiple complicity.Part two: the multiplicity of principal offenders.The multiplicity of principal offenders can be divided into direct principal offender with direct principal offender,indirect principal offender with direct principal offender.In the multiplicity of principal offenders,even though there is no causal relationship between the behavior of the informed player and the result,the result is still attributed to the informed player.However,if there is an informed player's complicity excess for uninformed player,whether it is a “quantity” or a “character” excess,the result of the complicity should not be attributed to the uninformed player.Part three: the multiplicity of the accomplices.The multiplicity of the accomplices can also be divided into four kinds of situations: abetting with abetting,aiding with aiding,aiding with abetting,abetting with aiding.In the third situation,when the aider of abettor is informed and the principal offender is uninformed,they all three sides including abettor should take responsibility for the result of the principal offender's behavior;When the aider of abettor is uninformed,whether the principal offender is informed or not,he is not liable,and the other two sides are liable.In the other three situations,all three of the accomplices are responsible for the result.Part four: the multiplicity of the principal offender with the accomplice.This kind of situation,need to be divided into two kinds only: the principal offender with the abettor,the principal offender with the aider.In the case of the former,all three parties should take responsibility for the result.And in the latter occasion,the both principal offenders must take the responsibility;the aider is liable when informed and not when uninformed.
Keywords/Search Tags:joint crime, accomplice of accomplice, multiple complicity, classification, liability fixation
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