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Research On The Aggravated Offense As A Result Of Joint Participation

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y W JiangFull Text:PDF
GTID:2436330572974290Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The problem discussed here is whether the joint participation in the consequential aggravated offence can establish an accomplice,and then discuss that when several actors intentionally or negligently carry out the basic criminal act,some of them also lead to the aggravation of the result,which causes the aggravation at this time.How to blame the result? At present,there are two main criteria for judging "accomplice" in aggravated consequential offense,namely,the basic crime-centered theory and the aggravated consequential-centered theory.The general theory of our country is more inclined to the basic crime-centered theory,but this position is inappropriate and even suspicious of deviating from the doctrine of responsibility.In fact,whether the aggravated consequential offense can be established depends on whether the joint participation behavior can constitute an "accomplice".The joint participation involves the result-aggravated liability of the joint principal offender and the result-aggravated liability of the negligent joint offence.On the former,this paper adopts the theory of differential treatment of all acts,while on the latter,it adopts the theory of affirmation of negligent accomplice...
Keywords/Search Tags:Joint crime, aggravated consequential crime, basic crime-centered theory, aggravated consequential-centered theory, individualized imputation, The affirmative theory of negligent accomplice, the resolution theory of individual principal offender
PDF Full Text Request
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