法律英语在线翻译---在线等(不要网上在线翻译的)
在共同犯罪中加重犯的问题之中,涉及的论点颇多。目前我国刑法学者对此的研究,一般都仅限与对共同犯罪中结果加重犯问题的探讨,鲜少涉及加重犯的其他领域,如情节加重犯与数额加重犯...
在共同犯罪中加重犯的问题之中,涉及的论点颇多。目前我国刑法学者对此的研究,一般都仅限与对共同犯罪中结果加重犯问题的探讨,鲜少涉及加重犯的其他领域,如情节加重犯与数额加重犯。共同犯罪中的加重犯问题,实际上涵盖了加重构成理论与共同犯罪理论的诸多方面,二者息息相关、密不可分。
本文以共同犯罪中加重犯的基本理论问题概述为开始,之后分别介绍了结果加重犯、情节加重犯、数额加重犯这三种情况下,与不同类型的共同犯罪结合所产生的问题。共包括四个部分。
第一部分,问题的提出。提出本文研究的主要问题,由于各加重犯在客观行为和主观罪过上的不同,与共同犯罪结合后在实践上产生不同的处理方式,由此产生的问题是,是否应当在理论上构筑共同犯罪中加重犯这个概念,以期在定罪量刑上更趋于公平。
第二部分,共同犯罪中结果加重犯问题。本节详细通过对结果加重犯与不同类型的共同犯罪的构成要件的分析,总结共同犯罪中结果加重犯的构成要件,并在此基础上对该问题下不同类型的共同犯罪中结果加重犯罗列案例,予以详细解说。同时,国内外有关的学说基本上集中在对共同犯罪中结果加重犯问题的讨论上,通过对肯定说、否定说、分割说、分别决定说的考察,分析各学说的理论依据,作出相应的评析。
第三、四部分,共同犯罪中情节加重犯问题、共同犯罪中数额加重犯问题。这两部分,是在对共同犯罪中结果加重犯一些基本理论讨论的基础上,通过对案例的分析,找出其中的例外情况。
本文并非单纯进行理论的阐述,而是理论融于实践,通过案例的方式,对加重犯的共同犯罪问题进行更为详细的分类,通过典型案例的列举与分析,在不同情况下,展开对加重犯的共同犯罪这个命题的一般解法,以期有所创新。 展开
本文以共同犯罪中加重犯的基本理论问题概述为开始,之后分别介绍了结果加重犯、情节加重犯、数额加重犯这三种情况下,与不同类型的共同犯罪结合所产生的问题。共包括四个部分。
第一部分,问题的提出。提出本文研究的主要问题,由于各加重犯在客观行为和主观罪过上的不同,与共同犯罪结合后在实践上产生不同的处理方式,由此产生的问题是,是否应当在理论上构筑共同犯罪中加重犯这个概念,以期在定罪量刑上更趋于公平。
第二部分,共同犯罪中结果加重犯问题。本节详细通过对结果加重犯与不同类型的共同犯罪的构成要件的分析,总结共同犯罪中结果加重犯的构成要件,并在此基础上对该问题下不同类型的共同犯罪中结果加重犯罗列案例,予以详细解说。同时,国内外有关的学说基本上集中在对共同犯罪中结果加重犯问题的讨论上,通过对肯定说、否定说、分割说、分别决定说的考察,分析各学说的理论依据,作出相应的评析。
第三、四部分,共同犯罪中情节加重犯问题、共同犯罪中数额加重犯问题。这两部分,是在对共同犯罪中结果加重犯一些基本理论讨论的基础上,通过对案例的分析,找出其中的例外情况。
本文并非单纯进行理论的阐述,而是理论融于实践,通过案例的方式,对加重犯的共同犯罪问题进行更为详细的分类,通过典型案例的列举与分析,在不同情况下,展开对加重犯的共同犯罪这个命题的一般解法,以期有所创新。 展开
2个回答
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In the common crime, add repeating involves many arguments. Currently our country criminal law scholars studies, usually only for a joint crime and consequential offence, this paper probes into the problems of rarely involved in other areas, such as the increase of amount of aggravating circumstances. In the common crime, actually aggravated consequential offence constitutes theory and aggravate covers many aspects of theory, closely, inseparable.
Based on the common crime of adding repeating basic theoretical issues for the start, then outlined are introduced, the plot aggravated consequential offence, make it three amount aggravating circumstances, and different types of common crime with problems. It includes four parts.
The first part of the problem. This study proposed the main problems, because of the increase in the objective and subjective act committed SINS of different combination, and joint crime in practice on a different approach, resulting in question is whether should build a joint crime in order to add repeating this concept in the conviction that tend to be more fair.
The second part, the crime consequential offence. The consequential offence through detailed with different types of common crime constitutions, analysis of common crime consequential offence constituents, and based on this problem under different types of common crime consequential offence cases, detailed listing. At the same time, the theory about basically focused on a joint crime consequential offence, through the discussion of the question to be said, negative, division, said the decision, respectively, the analysis of the theoretical basis, and makes the corresponding evaluation.
The third and fourth part, a joint crime committed, aggravating circumstances in the common crime committed problem. Amount of aggravated The two parts, it is on a joint crime consequential offence some basic theory on the basis of the discussion, case analysis, and through them exceptions.
This paper not only in theory, but theory into practice, through the way of cases, the problem of common crime more detailed classification, through analysis of typical cases, and in different list for circumstance, common crime of general solution of this proposition, in order to make innovations.
Based on the common crime of adding repeating basic theoretical issues for the start, then outlined are introduced, the plot aggravated consequential offence, make it three amount aggravating circumstances, and different types of common crime with problems. It includes four parts.
The first part of the problem. This study proposed the main problems, because of the increase in the objective and subjective act committed SINS of different combination, and joint crime in practice on a different approach, resulting in question is whether should build a joint crime in order to add repeating this concept in the conviction that tend to be more fair.
The second part, the crime consequential offence. The consequential offence through detailed with different types of common crime constitutions, analysis of common crime consequential offence constituents, and based on this problem under different types of common crime consequential offence cases, detailed listing. At the same time, the theory about basically focused on a joint crime consequential offence, through the discussion of the question to be said, negative, division, said the decision, respectively, the analysis of the theoretical basis, and makes the corresponding evaluation.
The third and fourth part, a joint crime committed, aggravating circumstances in the common crime committed problem. Amount of aggravated The two parts, it is on a joint crime consequential offence some basic theory on the basis of the discussion, case analysis, and through them exceptions.
This paper not only in theory, but theory into practice, through the way of cases, the problem of common crime more detailed classification, through analysis of typical cases, and in different list for circumstance, common crime of general solution of this proposition, in order to make innovations.
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Increase in common crime committed in the problem, involving a lot of arguments. Criminal law scholars in China studies, are generally limited to crimes with a common problem of Consequential Aggravated rarely increase the offenders involved in other areas, such as aggravated offense committed and the amount of increase. Common crimes committed in aggravating the problem, in fact, covers the theory and add to constitute the theory of common crime in many aspects, the two are closely related, inextricably linked.
In this paper, a common crime committed in aggravating the problem outlined in the basic theory for the beginning, and then introduced Consequential Aggravated circumstances increase the offense, committed to increase the amount of these three cases, with different types of common crimes, the problems arising. Includes four parts.
The first part of the problem. Put forward on the main points of this article, because of the heavier acts committed in an objective and subjective differences sins, crimes, and common practice, resulting in a different way, the resulting question is whether, in theory should be to build a common criminal add to the concept of guilty, with a view to conviction on a more equitable sentencing.
The second part of the problem Consequential Aggravated common crime. Detailed in this section of Consequential Aggravated with different types of common elements of crime analysis, crime Consequential Aggravated summary of the common elements, and on this basis the problem of the different types of common crime listed Consequential Aggravated cases, be explained in detail. At the same time, the theory is basically at home and abroad focused on the common Consequential Aggravated crime issues through to say for sure that the negative, said partition, said that the decision of the investigation were to analyze the theoretical basis for the theory to the corresponding Analysis.
The third and fourth part of a common crime committed aggravated the problem, increase the amount of common crime committed in the issue. These two parts is a common crime in the Consequential Aggravated discuss some basic theory on the basis of the analysis of cases to identify the exceptions.
This article is not simply a theoretical elaboration, but the theory into practice, through case by means of an increase of common crime committed by a more detailed classification of the list through a typical case and analysis, in different circumstances, the start of the increase common crimes committed by the general solution of this proposition, with a view to innovation.
哇,好难啊!
呵呵
In this paper, a common crime committed in aggravating the problem outlined in the basic theory for the beginning, and then introduced Consequential Aggravated circumstances increase the offense, committed to increase the amount of these three cases, with different types of common crimes, the problems arising. Includes four parts.
The first part of the problem. Put forward on the main points of this article, because of the heavier acts committed in an objective and subjective differences sins, crimes, and common practice, resulting in a different way, the resulting question is whether, in theory should be to build a common criminal add to the concept of guilty, with a view to conviction on a more equitable sentencing.
The second part of the problem Consequential Aggravated common crime. Detailed in this section of Consequential Aggravated with different types of common elements of crime analysis, crime Consequential Aggravated summary of the common elements, and on this basis the problem of the different types of common crime listed Consequential Aggravated cases, be explained in detail. At the same time, the theory is basically at home and abroad focused on the common Consequential Aggravated crime issues through to say for sure that the negative, said partition, said that the decision of the investigation were to analyze the theoretical basis for the theory to the corresponding Analysis.
The third and fourth part of a common crime committed aggravated the problem, increase the amount of common crime committed in the issue. These two parts is a common crime in the Consequential Aggravated discuss some basic theory on the basis of the analysis of cases to identify the exceptions.
This article is not simply a theoretical elaboration, but the theory into practice, through case by means of an increase of common crime committed by a more detailed classification of the list through a typical case and analysis, in different circumstances, the start of the increase common crimes committed by the general solution of this proposition, with a view to innovation.
哇,好难啊!
呵呵
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