On The Thinking On Implicated Offenders To Abolish

At present, the theory of implicated offense in criminal law all over the world provided for fewer and far between, is more representative of Japan and China’s Taiwan region. Among them, Japan clearly set out in the criminal law concept of implicated offender; China’s Taiwan region criminal legislation because of Japan effects of criminal law also has provisions in its legislation on implicated offenders, but amended in2003"criminal law", it will be repealed. In contrast, common law countries to implicate the situation is rather more consistently committed multiple crimes, and therefore, in its criminal justice system, and none implicated offenders said.China’s implicated committed theory quoted from Japan, since introduced, due to implicated committed theory itself of complexity, coupled with criminal is not on its defines, and implicated committed relationship and Department broken principles, made clear provides, led to criminal academic on implicated committed theory controversy constantly, various doctrine endless, some scholars advocated should strengthened on implicated committed of research, to assure its applies range; some advocated it will be abolished, with other sin number form alternative processing implicated committed case, thereby makes sin number theory more clear. Implicated offender problem in theory can be said to be different opinions, in legislation, is also very confusing. China’s general principles of criminal law is not on implicated committed made provides, but in the branch of criminal law, is on implicated committed case made has provides, and Department broken principles inconsistent, some provides for a heavy Department broken, some is used combined punishment for, this usually theoretically on implicated committed understands of real of number sin, and Department broken of a sin phase conflict, led to theory and practice inconsistent of embarrassing situation.Involvement refers to the implementation of a crime committed for the purpose of their criminal behavior or acts committed additional offences, it has four characteristics:1, the implementation of a number of criminal acts.2, a number of criminal acts have been implicated.3, a number of acts is different from committing offences.4, based on a final criminal purpose. Although implicated offenders both in theory and in practice there are many problems, but you want to repeal it, not verbally saying that simply must be considered the circumstances of the Chinese judicial practice, analysis of the feasibility and necessity. In theory, able to give a reasoned argument; in judicial practice, there must be concrete countermeasures to cope with the existing cases of implicated offender.