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The Cognizance Of Setting About Compound Behavior Crimes

Posted on:2021-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiuFull Text:PDF
GTID:2416330620963721Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory and practice of the criminal law of our country have a common understanding of the understanding and judgment of the compound behavior crime,that is,the compound behavior crime is the crime of the criminal law of our country,and the several independent non-crime element behaviors are combined into a whole criminal act.The production of complex behavior is attached to the theory of practice in the theory of criminal law.At the same time,it has its independent value in theory and practice,and plays an important role in the criminal law system of our country.It should be said that only by studying the general theoretical knowledge of the compound behavior crime,it can be realized that the approximate concept can be distinguished in theory,and the understanding of the property of the composite behavior can be deepened.Behavior crime begins to identify the standard to achieve the theoretical research purpose of accurate grasp.The deeper significance should be based on the realization of the above theoretical purpose,further combining the theory with the judicial practice in practice,assisting the practice with the strength of theory,helping to strengthen the rationality of judicial documents,interpreting the law by case,and realizing the value of theoretical research guiding practice.This thesis mainly studies the identification of complex behavior crime.Special attention should be paid to the particularity of the complex crime which is different from the general one.Specifically,the crime of compound behavior refers to the situation that the multiple behavior of the subject is carried out by the criminal law because it violates the legal interests protected by the criminal law.In order to discuss the crime of compound behavior,we need to make clear its basic concept and discuss the theory of behavior in criminal law.In studying this problem,it is necessary to make clear that the crime of compound behavior itself is a crime specified by law,not a purely theoretical classification or viewpoint.Therefore,whether it is the study of its theoretical concept or characteristics,or the discussion and analysis of the crime of compound behavior,it should be carried out within the scope of the specific legal provisions,not beyond the specific provisions and nature of the law and unlimited extension,general talk.This paper firstly explains the concept of compound behavior crime,clarifies its characteristics and characteristics,and further distinguishes it from the corresponding and similar concepts,better grasps its theoretical core,and,starting from the concrete practice of our criminal law,summarizes and summarizes the basic charges of double conduct as a crime,studies the problems it starts and the key points that should be grasped based on the provisions of the specific crime,then makes a separate interpretation and analysis on the three main viewpoints of dealing with double conduct as the issue of criminal initiation,combines the form and the essential unified value orientation of criminal law,and puts forward its own understanding.The first part is the introduction,which mainly introduces the background and significance of the research,domestic and foreign research status,research methods and innovation points in this field.The second part is an overview of the general theory of double-action.The first is the definition of the basic concept and the decomposition of the characteristics,and then through the specific provisions of the criminal law sub-rule of our country,through the combing of the criminal names of the repeated acts to the implementation of the question of the beginning of the problem,and finally in connection with the criminal law theory research on the value orientation of the general implementation of the behavior,this paper makes clear the form and the essence of the unified implementation of the value of the practice of the repeated acts to start the study.The third part is the argument of the theory that the repeat behavior crime starts to identify.This part firstly introduces the former behavior theory,the latter behavior theory and the concrete analysis theory's viewpoint respectively,after the trade-off,based on the old concrete analysis theory viewpoint,puts forward the formal factor behavior satisfies the criminal law constituent element stipulation and the substantive factor behavior to have the threat to the legal benefit,then has carried on the induction and the summary to our country as the crime of repeating the crime.The fourth part is the practical application and verification of the concrete analysis ofform and substance.Through the concrete case and the judicial judgment and the ruling,respectively verified in the crowd plot,the violent coercion plot,the fabricated impersonation plot and the bribery crime situation,the concrete analysis viewpoint can accord with our country's judicial processing actual related compound behavior crime situation,and proposed some own improvement views.
Keywords/Search Tags:Compound behavior crime, Conduct starts, Specific analysis, Legal threats
PDF Full Text Request
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