论承继共犯-法律专业论文.docxVIP

??…ia-tstFVS ? ? … i 黑龙江大学硕士学位论文Abstract 黑龙江大学硕士学位论文 Abstract A joint crime，namely the theory of’’general said two or more persons jointly intentional crime¨，as a kind of different from that of common single natural crime is extremely complex crime phenomenon，its objective behavior from subjective form， 、Ⅳit}l ordinary single natural crime has obvious distinguish．We usually speak from special up joint crime，namely common criminal defined Shared between different legislations of communication and conduct joint implementation．And in the judicial practice often appear this l(ind of circumstance，namely first is already embarked on a crime，but in crime have not yet implemented during the process of implementing the offender through，、)I，itll first after a mean communication,to join to conduct晰tll common practice among the intention of the common gal in the crime the happening of the result reactive．Theory inherits the this kind of situation called accomplice，or inherited accomplice．As a joint crime inherits accomplice is a kind of special form，its ■ in subjective form and objecfive behavior and there are different from ordinary qualities of a joint crime．That this theory is put forward by domestic and foreign scholars，but for whether the favour of the existence，inherits accomplice admitted the existence of inherits accomplice inherits the blame of space and undertake the accomplice，domestic and international criminal law scholar is resolve．As China’s scholars，the theoretical study inherits accomplice and the deficiency of the judicial practice of cognitive deficiency inherits accomplice，resulting in the judicial practice the cognizance of the aforesaid accomplice to have many difficulties． Keywords：Inherits accomplice Joint crime responsibility bear ．¨． 喇 ? 御1 目 目 录 目 录 中文摘要 ”l Abstract·· ··· · · ····· ········ ···· ·· ·· ···· ··· ····· ·· ····· ····II 绪 论 1 第一章承继共犯概论 5 第一节承继共犯概念的界定 5 第二节承继共犯的特性 ”9 一、先行为人的犯罪实行行为已经着手但尚未实行终了 ·10 二、后行为人与先行为人的犯意沟通形成共同犯罪合