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Research On Criminal Liability Of Implicated Offenders

Posted on:2020-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:J DengFull Text:PDF
GTID:2436330599955902Subject:Criminal Law
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The existence of implicated offense has always been the subject of controversy in criminal law theory and judicial practice.It can be concluded that the problem of implicated offense is that the connotation of connotation is different,the criteria for implicating the relationship are different,and the implicated and other crimes are difficult.The divisions and the interruptions of the implicated offense have not yet reached the consensus standard.How to apply the criminal law theory to judicial practice still needs to go through a certain process.Therefore,it is necessary to explore the historical evolution of the implicated offense and sort out the relevant disputes to clear the source.In determining the connotation of implicated offenses,it is necessary to insist that the perpetrator has the ultimate criminal purpose.Under the domination of subjective intentions,the act or means of committing the crime violates the criminal form of other crimes.In recent years,many scholars in the criminal theory circle have launched a fierce confrontation on the issue of implicated crimes.Scholars who hold the abolition theory believe that they can be punished by incorporating other forms of crimes.Scholars with reservations argue that implicated offenses are objective.This is a substantial number of crimes.The controversy about the implicated offense is also concentrated on the identification of the implicated relationship.On this issue,there has been a debate between subjectivism and objectivism.The subjectivist insists on the subjective criminal intention of the perpetrator as the criterion for the implicature.Objectiveivists tend to use the nature of objective behavior as a criterion for identification.In the long-term debate,the two scholars failed to reach an agreement on the criteria for recognition,thus eliciting a compromise between subjectivity and objectivity.The doctrine believed that subjective actors had a ultimate criminal purpose,and objective method behavior was the purpose of behavior.The action path,the resulting behavior is the natural result of the behavior of the goal.The core problem of the implicated offense lies in the choice of the principle ofinterruption.Now it is said that it is in the position of generalism,but there are also some reasonable proposings of other doctrines.At present,the criminal theory circle has a lot to do with the principle of impediment.Dismissed,counted crimes and punishments and double judgments.The principle of disconnection provides a reasonable basis for the interruption of the implicated offense,but there is still confusion in its practice.How to solve this dilemma needs to explore the reasons for the phenomenon of diversity of principles,in order to find a clear and reasonable solution.Based on the division of the implicated relationship,it provides guidance for the principle of impediment to the implicated offense,thus achieving fairness and justice in the trial.The boundary between implicated offense and imaginary competing crime is whether the number of committing crimes by the perpetrator and the time of infringement of the object are judged once;whether the most explicit distinction between implicated offense and absorptive is the inevitable relationship between the number of acts The distinction between implicated offenders and successive offenders mainly examines the criminal intent of the perpetrator.Clarify the boundaries between implicated offenders and other forms of crime,with a view to achieving a fair ruling on implicated offenders.
Keywords/Search Tags:Implicated offense, combined punishment for several crimes, theory of crimes, implicated relationship
PDF Full Text Request
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