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The Crime Of Dereliction Of Duty Crime On The Mode Of Symbiosis

Posted on:2016-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q DongFull Text:PDF
GTID:2296330470463384Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In this paper layer into the style of the wording ideas, the first of many concepts concerning common crime Subjects were individually analyzed, combined with dereliction of duty status and non-status crime committed crimes together and form the basis of sexual relations, a clear non-status crime can constitute misconduct instigator or help commit a crime, but can not set up a common perpetrator; and the crime of smuggling and the crime of smuggling determine indulgence controversy, for example, leads to the identity and non-identity to commit a crime of dereliction of duty were to determine the presence of absence of symbiotic pattern rule when, combined with the principles constitute a crime, the principle of common crime committed competing principles, differentiated and detailed discussions aimed at resolving identity guilty of dereliction of duty and non-identity to commit criminal offenses identify problems common essence. The author of this paper intends to expand from three parts, the specific content and ideas are as follows:The first part, an overview of common crime committed and identity. Firstly, an accomplice in the basic theoretical issues, including the meaning and characteristics accomplice classification status crime; the same explanation for our criminal justice legislation and regulations and the lack of complicity to commit identity issues also raised the author’s own views and opinions.The second part, an accomplice in the crime of identity in the form of malfeasance committed and non-committed status analysis. Common forms of crime crime mainly as instigator, helping prisoners, and other co-principal offender. Are non-identity can constitute complicity to commit the crime of dereliction of duty? Enter complicity in what form? First, for the non-identity guilty of dereliction of duty can constitute instigator or help commit, I support the idea say for sure; secondly, can be set up for non-identity guilty of dereliction of duty common perpetrator, there are sure to say, negative to say and compromise said three kinds of ideas, I support the denial said.The third part of the identity guilty of dereliction of duty and non-status crime charges to determine qualitative and principles. After committing identity and nonidentity to commit crimes should be how to implement the joint were convicted? When the identity of an offense involving dereliction of duty, non-identity to commit other crimes involving identity and non-identity guilty guilty may also involve other alleged offenses staggered, which further deepened the confusion practice charges determined. I believe that the correct path is designed to analyze the properties characteristic of this kind of favoritism abuse should be summed up as symbiotic mode of dereliction of duty, as a basis for combining crime constitution principle, the principle of common crime committed competing principle, to distinguish between different when symbiosis with the premise of the crime of dereliction of duty or because of several concurrent crimes constitutive elements of crime is not enough other reasons to be divided; the case, when the dereliction of duty forming symbiotic relationships with other crimes, there is the choice of the crime of dereliction of duty and symbiotic double charges identity and non-identity guilty of committing criminal offenses may accomplice by applying a single form to solve.
Keywords/Search Tags:Common crime, Dereliction of duty, Symbiosis mode
PDF Full Text Request
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