Reflections on Pleading Guilty to Crimes Never Committed from the Perspective of Criminal Laws
Han Jian-cheng
Abstract
Han Jian-cheng
Abstract
There are precedents who replace other's crime or punishment.In the current crimimal law system of mainland area of China,there are no relative clauses concerning those cases.Such circumstances lead to the existence of disputes how to convict the one who replaces other's crime or punishment.In order to reflect principle of legality,we should egislate a special charge for replacing other's crime or punishment to distinguish it from the crime of harboring a criminal or the crime of concealing the murder.We analyze the the fundamental characteristics of the crime of replacing other's crime or punishment from subjective aspects of a crime.In order to accomplish criminal regulation,we also solve the problems such as the subject of crime,joint crime in judicial practice.
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There are precedents who replace other's crime or punishment.In the current crimimal law system of mainland area of China,there are no relative clauses concerning those cases.Such circumstances lead to the existence of disputes how to convict the one who replaces other's crime or punishment.In order to reflect principle of legality,we should egislate a special charge for replacing other's crime or punishment to distinguish it from the crime of harboring a criminal or the crime of concealing the murder.We analyze the the fundamental characteristics of the crime of replacing other's crime or punishment from subjective aspects of a crime.In order to accomplish criminal regulation,we also solve the problems such as the subject of crime,joint crime in judicial practice.
Key concepts: Punishment (psychology), Pleading, Criminology, Principle of legality, Law, Convict, Political science, Criminal law