对合犯分析-法律专业论文.docxVIP

1 1 2 2 Abstraction In our country, although the analysis and study of the theory of correspondence offense is still shallow, it has already existed in specific criminal offences. Besides, there are a lot of knotty problems of correspondence offense in judicial practionice. Just because the theoretical situation of this kind of crime is inconsistent with the legislation and judicial practionice, the finding results of correspondence offense in different cases become different. In this connection, the author intends to carry out an overall research about correspondence offense from the perspective of the criminal system, comb and explain the knotty and complex problems occurred in basic theory, crime theory and penalty theory. In addition to the introduction, this paper is divided into 5 parts. And there are about 50,000 words. The part 1 is about the basic theory of correspondence offense. The basic theoretical system of correspondence offense will be established by clearing its definition, connotation, extension. Among these, The definition of correspondence offense should adopt a broad concept with that corresponding sides implement corresponding action and one of the two sides is crime. The connotation of correspondence offense is about classifing the basic charactioners by clearing the condition and basic properties. In the extension, correspondence offense is divided into three types of crime which are the same punishment type, different crime and different punishment type, and one-side punishment type. Besides,the author also try to analyse all the crimes which should belong to one of the three types of correspondence offense by criminal law. The part 2 is focusing on the relationship between correspondence offense and joint crime. In this part, the main purpose is solve the two problems of the three types of correspondence offense in joint crime, which bases on the nature of criminal actions. One is that the action of correspondence offense is not only implem