The Reflection and Criticism of Partial Crime and Accomplice Theory
Bao Xin-zh
Abstract
Bao Xin-zh
Abstract
Joint crime subjective meaning contacting as the link,is the key different from the crime at the same time.Partial joint crime is against the nature of joint crime,from the theory breakthrough the limit of joint crime intentions and standards,and violation of joint-crime between parts to full responsibility for imputation principle;Is one-side instigator crime didn't realize the instigator of abetting deliberately caused the criminal meaning,even if the introduction of the one-side instigator crime is difficult to determine the offender's criminal responsibility,and contrary to our country about the basic concept of fagin;One-side accessory crime put forward in order to meet the actual needs of the judicial work,but help to make the theory still not properly solve the problem of the offender's criminal responsibility,and an accessory concept in our country including secondary perpetrators.
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Joint crime subjective meaning contacting as the link,is the key different from the crime at the same time.Partial joint crime is against the nature of joint crime,from the theory breakthrough the limit of joint crime intentions and standards,and violation of joint-crime between parts to full responsibility for imputation principle;Is one-side instigator crime didn't realize the instigator of abetting deliberately caused the criminal meaning,even if the introduction of the one-side instigator crime is difficult to determine the offender's criminal responsibility,and contrary to our country about the basic concept of fagin;One-side accessory crime put forward in order to meet the actual needs of the judicial work,but help to make the theory still not properly solve the problem of the offender's criminal responsibility,and an accessory concept in our country including secondary perpetrators.
Key concepts: Joint (building), Criticism, Criminal responsibility, Imputation (statistics), Meaning (existential), Element (criminal law), Sociology, Law