Research On The Correspondence Offence

Although the concept of correspondence offense has been put forward more than one century before, the research on the basic theories of correspondence offense is far from enough. Many problems are still not be solved. The lackness of theoretical research leads directly to the confusions of judicial practices. In order to respond to the problems of judicial application, this dissertation introduces the correspondence offense completely and systematically, and has important theoretical and practical significances.In addition to the introduction, this dissertation is divided into six chapters, and the main contents of each chapter are following:The introduction is an introduction of the whole paper. In this chapter, the author discusses the problem consciousness, the motivation of this study, research scope and research methods. Responding to the weakness of theoretical research and the chaos of judicial practices, the author choose correspondence offense as the topic of doctor degree thesis. The main research methods are the method of comparative study, the method of induction, the method of theoretical speculation, sociological empirical research methods and dialectical method.Because the concept indispensable joint offense is the superior concept of the correspondence offense, the author hackles and re-thinks the theories of indispensable joint offense in the first chapter. Firstly, the author hackles the theoretical origin of indispensable joint offense, then clarifies the concept of indispensable joint offense and puts emphasis on the concept of’indispensable’. Finally, the author makes claims and suggestions on the basic of the theories of domestic and foreign scholars.The second chapter is researching on the forming structure of correspondence offense. This chapter consists of three sessions. In the first session, the author discusses and analyzes the special characters of behavior subjects, and in detail explores the correspondence relationship between different subjects. Then the author points that the core infrastructure of correspondence offense is the dual functional roles of the subjects. In the second session, the author re-builds the structure of actions and mainly discusses the staggered relationships between behavior subjects on the basis of the new interpretation of criminal behaviors. In the third session, the author researches on the criticise relationship of correspondence offense, and concretely analyzes the criticise relationships of different types.The third chapter is the research on the types and constitutive characteristic of correspondence offense. For the types of correspondence offense, the author firstly introduces the different type classifications of correspondence offense, then claims that correspondence offense will be divided into two basic types:the type with consistent behavior forms and the type with inconsistent behavior forms. For the constitutive characteristic of correspondence offense, the author advocates the theory of ’new four features’. Concretely speaking, the characteristics of correspondence offense include two or more behavior subjects, the correspondence relationships among different behavior subjects, the staggered relationships of behaviors and the internal criticise relationship. Followed that, the author specifically explainsThe fourth chapter compares correspondence offense with complex principal offenders. This chapter consists of three sessions. In the first session, the author resolves the structure of indirect principal offense, then demonstrates the differences between correspondence offense and indirect principal offense in multi-angles. In the second session, the author analyzes the forming structure of joint principal offense, and concretely discusses the differences between correspondence offense and joint principal offense.In the third session, the differences between correspondence offense and involved offense are discussed in detail.Aiming at common problems of correspondence offense in judicial practice, the author analyzes the judicial application of correspondence offense in chapter Vi. In the first, the author researches the issues of unilateral correspondence offense.Secondly, the author focuses on the properties and punishments of the intermediary actions of correspondence offense. In the end, this paper discusses the difficulties of the voluntary surrender and render meritorious service of correspondence offense.