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A Study On The Relation Between The Termination Of Joint Crime And The Separation Of Joint Crime

Posted on:2020-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiFull Text:PDF
GTID:2416330596987501Subject:Law and law
Abstract/Summary:PDF Full Text Request
The form of joint crime is complicated,and the theory of joint crime termination is more complicated.China's current criminal law on joint crime and suspension of crime provisions,but there is no joint crime suspension provisions.In our country criminal law educational world and the judicial practice about the theory of joint crime to suspend the identification is also different opinions,did not agree on,it also led to the suspension of joint crime of difficulties,but the occurrence of such cases rate is higher,it not only makes the judicial staff feel difficult in the case,but also not conducive to the protection of legal interests.The general theory of traditional criminal law in China regards "validity" as the essential element for identifying the termination of joint crime,which is in line with the current criminal law provisions and national conditions in China.This paper also advocates the "validity" in the "complete state theory" to identify the termination of joint crime.If the validity of the general theory of crime completion status of "the"one person with one,all with "the principle of cognizance of joint crime in different criminal criminal liability is too harsh,because it does not distinguish between different criminal status and the function of the joint crime,without consideration of complicity from,for example,the merit system in China is not a substitute for complicity from the system.Complicity from the original is in abroad,the current criminal legislation and judicial practice in our country has not introduced from accomplice relations,thus meet complicity from the case,because there is no legal basis,at present only in discretionary sentencing principle,that part of the leavers also can only be given a lighter or mitigated punishment,this also with the subjective and objective unification in the criminal law principle and the principle of the adapted for deviating.The disconnection of accomplice relationship can effectively deal with the problem that individual accomplice can't be regarded as the discontinuance of joint crime in the joint crime,but it is too harsh to deal with according to the accomplishment in the judicial practice,which leads to the mismatch between crime and punishment.Has produced many scholars think it is a joint crime to suspend a complicity out,even the relationship between joint crime out of the circumstances of the discontinuation of a crime as a common and,in fact joint crime suspension doesn't cover out of the relationship between the joint crime,complicity out could end to make up for the defects of common crime,although that part of the sincere efforts for the suspension,but ultimately failed to stop other joint-crime continue to implement the crime or the result of joint-crime,provides a retreat.They are different concepts.Although they have a lot of similarities,they have more differences,that is,the accomplice relationship is separated from the independent legal personality.Therefore,it is necessary to make clear provisions on the separation of the accomplice relationship from the separate legislation.The author advocates that the theory of accomplice relation separation should be introduced,and its specific concept should be defined by the standard of "relative separation" to explore the elements of its establishment,and the behavior of "calling the police in time" should also be included in the consideration of "making sincere efforts".As for the circumstances of sentencing,the author advocates setting it as legal circumstances,and the specific range of sentencing should be set between the attempted crime and the suspension of the crime.Then in the specific legislation,the proposition of its separate legislation,and put forward in our criminal law to increase the establishment of accomplice relationship from the provisions of the proposal and specific provisions.This paper takes the drug trafficking case of Yang mou and other five people as an example to study the suspension of some of the accomplice in the joint crime.First,a brief description of the case.Secondly,the main union joint crime discontinues the theory to carry on the discrimination.Thirdly,combine the accomplice relation to break away from the theory differentiation.Then,it analyzes the discontinuation of joint crime and the disconnection of accomplice relationship.Finally,the author puts forward some legislative Suggestions on the separation of accomplice relationship.The thesis consists of five chapters.The first part: Case introduction.This paper introduces the basic case and the trial of "Yang's drug trafficking case",the main disputes in the case and the focus of the disputes in the case.The second part: the suspension of joint crime.Discussing the theory controversy and analysis of the discontinuation of joint crime,I advocate that the discontinuation of joint crime should be determined by the validity of the theory of "the state of completion as a whole".Secondly,the establishment conditions of the discontinuation of joint crime should be determined,and whether or not Yang Mou's behavior should be established according to its establishment conditions should be distinguished and analyzed.The third part;the determination The identification of the disconnection of accomplicerelationship.This paper introduces some foreign theories and analyses them,and puts forward the conditions for the disconnection of the accomplice relationship and differentiates whether Yang's act constitutes the disconnection of the accomplice relationship.The fourth part: a comparison of the discontinuance of joint crime and the separation of joint crime.Emphasis is on the relationship between the two and the difference,and then the accomplice relationship from the independence.The fifth part :reflection on the case: a summary of the case and the legal thinking caused by the case,through the analysis of the defects of the theory of suspension of joint crime in China,combined with the relevant provisions on the suspension of crime in foreign countries,and due to the limitations of the meritorious service system in China,and thus put forward the legislative proposal to increase the provision of separation from the accomplice relationship.
Keywords/Search Tags:Discontinuation of joint crime, Disengagement of accomplice relationship, The legislation perfect
PDF Full Text Request
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