论牵连犯——李某等信用卡诈骗一案研究-on implicated criminals - research on li mous credit card fraud case.docxVIP

ABSTRACTImplicated crime,as one of the theory of crime number,is applied frequently in the judicial practice and there are more controversy over it as well. At present,there are many viewpoints about the theory of the implicated crime. One of the main reasons is that the theory itself is still in perfect. Judicial practice cannot be well guided as result of the imperfect theory.Nevertheless,implicated relationship objectively exists in many specific cases. What on earth significant characteristics does the implicated crime have? How to recognize the implicated relationship? How to distinguish the implicated crime and some other types of crime number ? How to establish Scientifically and reasonably the principle of punishment about implicated crimes? This series of problems to be solved brought a certain degree of confusion to the judicial practice.In this paper,starting from the real case of a newly occurred and generalizing the main differences of the case in the judicial practice,and combined with the related theory of the criminal law system and the specific provisions of criminal law in our country, talking about some Li, etc. using a false identity to get a credit card, and defraud with the credit card. Hoping to get a more comprehensive and detailed understanding the series problems above the context about the implicated crime. The full text concluding four parts:The first part: the cause of action and the introduction to the main points about the case . This case is about some Li ,etc.using a false identity to get a credit card and defraud with the credit card .This part mainly tells the whole process about some Li etc., using a false identity to get a credit card and defraud with the credit card .The second part: The focus about the case and the controversial views and opinions.The focus of the case is whether some Li.etc.,constitutes implicated crime and should be punished for several crimes even if they constitute implicated crime.This part mainly includin