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Even Recidivism Study

Posted on:2008-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X H ShiFull Text:PDF
GTID:2206360215960423Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Including recidivism, be that one kind of belongs to a joint offense, but development of system perfects the affiliation form being committed a crime in process by common removing out step by step in the joint offense. Despite of it was once brought into the joint offense category, but criminal every country legislation now think that the person is to commit a crime alone with corporal punishment like theory.Begin first to the research including recidivism from the summary including recidivism. The concept and legislation value including recidivism are the main body being a part's turn. But both ancient and modern , Chinese and foreign legislation to recidivist of company what is to have given out the respective answer including recidivism , scholars course indefatigable effort unfailingly, after all. They or the extension using company recidivism is too broad but, the unable facade announces to its connotation; Or attach importance to its objective characteristic only, come not having subjective characteristic in mind , being able to company recidivism and the joint offense be differentiated open neither. The author adopt parallel method , absorbs scholars' research cream , will fix By : including the recidivist community Our country corporal punishment stipulates , priority and the original sin (including the recidivism front behavior) behavior people do not exchange a stratagem, under the situation of knowing perfectly well that the person commits a crime but, intentionally, be adopted various way helping the person to evade a law investigating , be responded to by the behavior that the penalty punishes. But to the attention including recidivism legislation value, be because of its position being not allowed to ignore in theory and practice in corporal punishment, educational circles studies to the person but is not very many. The author carries out effect of expounding , being looking for having breaking the ice from the legislation value carrying out four aspect on the person to smooth being beneficial to reflect the principle of criminal is held responsible for the crime and criminal responsibility, criminal legislation scientification including the recidivism research with the complete-rization , correct punishment fits the crime and civil suit.Including recidivism difference to other type committing a crime , primo move towards the nature depending on it is complicated committing a crime alone other. Have formed upper after the event of time , have decided it being unlike a joint offense; Adherence be founded going ahead nature makes it have no way to break away from original sin but to be founded alone. For being partial to or covering committing a crime of person, company recidivism adopts various way surely being harmful to the judiciary activity , behavior way diversity characteristic has arisen at the historic moment then. That being fully aware of and possibility to self behavior character and original sin fact know the behavior people, uses the externalization judging the psychological subjective company recidivism standard, flexible judiciary operation easy to, also is beneficial to crack down on committing a crime. At the same time, conviction and penalty according to law principle makes the law characteristic including recidivism came to the top. Besides, according to partitional different standard company recidivism, the type is also the content studying are what company recidivism not admit ignoring.Get up including recidivism in being implicated in crime , develop later for the joint offense, and the accomplice category is listed in in henceforth very longtime inner. Including recidivism and the accomplice, deep origin has this explanation. Since the objective key element of host and causal relationship aspect difference make them be separated in time by, what is distant but. For this purpose, can only fix position committing a crime in relative with the accomplice single-handed including recidivism. Commit a crime in general alone standard , conform to some independently commit a crime kind to compose important condition, but nature has decided it including recidivism to adherence with original sin can only the standard conforms to some commit a crime kind characteristic composing important condition, but being able to not embody independent character's. Therefore, it is that complicated single-handed commits a crime.Commit a crime as complicated single-handed of the same class , even embodying in investigation and discussion to a little peculiar problem the recidivism complexity. The kinsfolk makes it be unlike the general main body company recidivism since company recidivism "kissing the value detail hiding " principle each other; But, the conduct expecting that possibility has decided plain crime can not be the behavior people including recidivism. Commit a crime objective important condition, but the essential condition being formation but including recidivism the marriage partner must have as being not a criminal act. The different to dignity company recidivism marriage partner, responds to synthetical objective condition of host, deal with different people in different ways , correct punishment fits the crime. Criminal who fixes position mostly including recidivism in behavior, direct them on now that the abortive standard responds to leading to abiding by corporal punishment educational circles say , is "to compose important condition saying ". The company recidivism being put into effect commonly to the above two behavior person, responds to according to accomplice theory , composes the joint offense including recidivism. This does not deny that single-handed including recidivism commits a crime character. Marriage partner who ought to pay close attention to finally, about that the crime number problem including recidivism is also corporal punishment educational circles.
Keywords/Search Tags:Company recidivism, Original sin, The nature of adherence, Joint offense, Commit a crime alone
PDF Full Text Request
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