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Study On The Mistake Of Fact Of Instigator

Posted on:2021-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhuFull Text:PDF
GTID:2416330602476462Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In judicial practice,abettor and recidivist may produce factual errors in the process of joint crime,and the occurrence of factual errors may affect the determination of criminal responsibility of abettor and recidivist,which needs to be solved on the basis of relevant theories.The research object of this paper is to deal with the two theoretical problems of cognitive error and joint crime.It is a detailed study of factual error based on the theory of abettor.The ultimate purpose is to apply the theory to judicial practice and to solve the determination of criminal responsibility of the offender in the case of abettor making factual error.First of all,there are many theories about the theory of joint crime and the theory of factual error,some theories are completely opposite,different theories must have a very significant impact on the handling of the problem of abettor making factual errors,and may have the opposite result.Therefore,in order to accurately consider the criminal responsibility of each criminal who produces the wrong cognition,it is necessary to study the wrong theory of fact cognition and the related theory of accomplice deeply.Among the factual errors of abettor,it can be classified from three dimensions: the first dimension is to divide the error into the same constituent element and different constituent elements according to whether the error occurred in the same constituent element;the second dimension is to divide the object error and the strike error under the premise of the first dimension classification;the third dimension focuses on the problem of recognition error of abettor in different forms of accomplice,that is,the error of abettor and indirect principal.Such a classification would basically cover all types of factual errors made by abettors and would make the study of factual errors made by abettors more structured and comprehensive.When studying the typology of abettor's factual errors,we can apply the concrete,abstract and legal conformity theories to different situations respectively,and through these different theories,we can finally verify the rationality of these theories.In fact,in terms of the treatment of the abettor's factual errors,the legal conformity theory has more theoretical advantages and its preferential application should be more appropriate.It should be pointed out that it is not appropriate to treat it as a problem of wrong perception of the abettor on the issue of factual errors in the different constituent elements of inconsistent intention communication.On the contrary,it can be based on the theory of accomplice,from the scope of the establishment of accomplice and accomplice to solve this problem.In this way,it is possible to avoid theoretical confusion as a problem of cognitive error.In the different forms of accomplice,the legal conformity theory can also be applied to solve the problem of wrong understanding between abettor and indirect accomplice.That is,when the abettor is wrong about the other person's ability of responsibility and the person who is not informed becomes the informed person halfway,it is not appropriate to identify the abettor as an indirect principal,and should still be punished by the abettor.
Keywords/Search Tags:Mistake of fact, Instigator, Statutory Compliance, Indirect guilt
PDF Full Text Request
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