2006Journal of Shaoguan UniversityRequires access

Study on Mutual Crime in Criminal Law

Feng Jiang-ju

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Abstract

In the continent criminal law, correspondence offense belongs to joint offense, but there is a conflict between correspondence offense and the theory of joint offense in our country when been introduced into Chinese criminal law. So, it's necessary to sort out the crimes with mutual relationship including correspondence offense and make a deep research beyond the system of joint offense theory in our country. That is mutual crime which have the characteristics of identity in objection, mutual feature in objective aspects, dependence in subjection and correspondence in subjective aspects. Mutual action in criminal law mainly includes buying action, misconduct, breach of duty and certain transgression and other mutual actions. For ways of punishment of mutual crime in criminal law, there are mainly two kinds: both parties' actions constitute crime and simply one party of the mutual action constitute crime.

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What this paper is about

In the continent criminal law, correspondence offense belongs to joint offense, but there is a conflict between correspondence offense and the theory of joint offense in our country when been introduced into Chinese criminal law. So, it's necessary to sort out the crimes with mutual relationship including correspondence offense and make a deep research beyond the system of joint offense theory in our country. That is mutual crime which have the characteristics of identity in objection, mutual feature in objective aspects, dependence in subjection and correspondence in subjective aspects. Mutual action in criminal law mainly includes buying action, misconduct, breach of duty and certain transgression and other mutual actions. For ways of punishment of mutual crime in criminal law, there are mainly two kinds: both parties' actions constitute crime and simply one party of the mutual action constitute crime.

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Available abstract

In the continent criminal law, correspondence offense belongs to joint offense, but there is a conflict between correspondence offense and the theory of joint offense in our country when been introduced into Chinese criminal law. So, it's necessary to sort out the crimes with mutual relationship including correspondence offense and make a deep research beyond the system of joint offense theory in our country. That is mutual crime which have the characteristics of identity in objection, mutual feature in objective aspects, dependence in subjection and correspondence in subjective aspects. Mutual action in criminal law mainly includes buying action, misconduct, breach of duty and certain transgression and other mutual actions. For ways of punishment of mutual crime in criminal law, there are mainly two kinds: both parties' actions constitute crime and simply one party of the mutual action constitute crime.

Key concepts: Criminal law, Punishment (psychology), Law, Action (physics), Psychology, Criminology, Political science, Social psychology

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