请哪位高人帮我翻译一下,谢谢
发布网友
发布时间：2022-04-23 06:35
共3个回答
热心网友
时间：2023-09-21 23:11
Non-independent set of common crime, instigator Offense
Abettor theory is addressed to the entire criminal law theory of crime studied up to it also one of the most contentious issues, but also frequently encountered in judicial practice and proce difficult and perplexing, one of the important issues, which many scholars have put forward different views Some points are far from sharp opposition. This doctrinal dispute will inevitably lead to the judicial practice of the instigator of the non-uniform treatment of cases, the judge will decide cases will undoubtedly cause confusion, which makes instigator solution to the problem as urgent and important practical problem can not be avoided. This is one for China's "Criminal Law" Article 29, paragraph 2, of the understanding of the theoretical circles there has been controversial, with this provision: "The person is not guilty of abetting the crime has been instigated for the instigator, can be lighter or mitigated punishment. "The writer believes that the current traditional doctrine are not particularly sound. Moreover, legislation is also a lack of scientific, resulting in the lack of practice, rarely implemented abettor committed sentencing case. Therefore, I believe that this aspect of the theoretical issues related to the need for further research. To article 29, paragraph 2, the source of the controversy lies in the nature of the problem abettor abettor theory, the dispute is particularly prominent. To determine precisely the state of the perpetrator attempted instigation of legal responsibility, first of all should be clear instigator of the legal nature of this fundamental issue, and only a clear attempt to shape the instigator and perpetrator of the legal nature of the study can be found guilty of abetting the problem the right way. However, the current nature of the instigator of the pass that difficult to implement than restrictions, indicating the elements that constitute a crime, aiding and abetting people, and then instigate, abet those who are undocumented status is concive to acts of crime and abetting abettor abettor or is the case and other issues. Therefore, we should convert the present research ideas, as an accomplice in the relationship between the presence or absence as a standard, can be classified as a common criminal instigator instigator instigator of crime and non-shared, joint criminal instigator for non-normality should be independent of the accomplice abetting in Alone or abetting. Author from the non-co-instigator of the nature of the crime, analyzing, through China's Criminal Law Article 29, paragraph 2, the legislative analysis of defects, in the cases of reference to foreign legislation, based on the legislative proposals, the proposed establishment of abetting in criminal law, In a clear general principles of non-co-instigator of crime and punishment that can be the scope of the principle of punishment, in the sub clearly Legal Sentence of their charges and so as to enrich punish instigator of the criminal legislation. Finally I put forward the concept and abet the crime of constituent elements, and their differences with the relevant charges.
Key words: joint criminal abetting the crime of non-co-instigator abetting
热心网友
时间：2023-09-21 23:12
Non-independent set of common crime, instigator Offense
Abettor theory is addressed to the entire criminal law theory of crime studied up to it also one of the most contentious issues, but also frequently encountered in judicial practice and proce difficult and perplexing, one of the important issues, which many scholars have put forward different views Some points are far from sharp opposition. This doctrinal dispute will inevitably lead to the judicial practice of the instigator of the non-uniform treatment of cases, the judge will decide cases will undoubtedly cause confusion, which makes instigator solution to the problem as urgent and important practical problem can not be avoided. This is one for China's "Criminal Law" Article 29, paragraph 2, of the understanding of the theoretical circles there has been controversial, with this provision: "The person is not guilty of abetting the crime has been instigated for the instigator, can be lighter or mitigated punishment. "The writer believes that the current traditional doctrine are not particularly sound. Moreover, legislation is also a lack of scientific, resulting in the lack of practice, rarely implemented abettor committed sentencing case. Therefore, I believe that this aspect of the theoretical issues related to the need for further research. To article 29, paragraph 2, the source of the controversy lies in the nature of the problem abettor abettor theory, the dispute is particularly prominent. To determine precisely the state of the perpetrator attempted instigation of legal responsibility, first of all should be clear instigator of the legal nature of this fundamental issue, and only a clear attempt to shape the instigator and perpetrator of the legal nature of the study can be found guilty of abetting the problem the right way. However, the current nature of the instigator of the pass that difficult to implement than restrictions, indicating the elements that constitute a crime, aiding and abetting people, and then instigate, abet those who are undocumented status is concive to acts of crime and abetting abettor abettor or is the case and other issues. Therefore, we should convert the present research ideas, as an accomplice in the relationship between the presence or absence as a standard, can be classified as a common criminal instigator instigator instigator of crime and non-shared, joint criminal instigator for non-normality should be independent of the accomplice abetting in Alone or abetting. Author from the non-co-instigator of the nature of the crime, analyzing, through China's Criminal Law Article 29, paragraph 2, the legislative analysis of defects, in the cases of reference to foreign legislation, based on the legislative proposals, the proposed establishment of abetting in criminal law, In a clear general principles of non-co-instigator of crime and punishment that can be the scope of the principle of punishment, in the sub clearly Legal Sentence of their charges and so as to enrich punish instigator of the criminal legislation. Finally I put forward the concept and abet the crime of constituent elements, and their differences with the relevant charges.
热心网友
时间：2023-09-21 23:13
The common crime independent abetting sin
About abettor theory is crime in criminal law theory to study the most controversial but also is one of the biggest problems encountered in the judicial practice and complicated and confusing, it is one of the important problems of many scholars put forward different views and some views even sharp opposition. The theory of the dispute will lead to the judicial practice in case of abetting disunity will undoubtedly bring to the judge, that makes known to be eager to solve problems of the abettor and inevitable important realistic problems. This one for our country criminal law article 29 of the second paragraph of this article, the theoretical understanding has been controversial, this regulation: "who had committed instigated the instigated crime, the instigator may be given a lighter or mitigated punishment. The author thinks, at present the traditional theories are not perfect. Not only such, legislation, and lack of scientific practice for lack of practice is rare case of the given criminal punishment abettor. Therefore the author thinks that the theoretical issues related to further study is necessary. In paragraph 2 of article 29 of the dispute is the source of the problem of the nature of abetting the disputes in the abettor theory outstandingly. To accurately determine the attempted abetting state legal responsibility, should make clear above all the legal nature of the abettor a basic problems, only clearly differentiated.the abettor and actor in the legal nature of the study, we can find out the right way of problem abettor. But the general said the abettor properties of difficult to solve, constitutive requirements and instigated crime is that more and more instigate, no identity abet have identity abet behavior and to those who instigates or instigates situations. Therefore, we should convert current research ideas to accomplice relationship is a standard, can existence into the abettor instigators of common crime and joint crime, in the common crime abettor abettor from normal accomplice abetting should be independent abetting set separately. Based on the nature of the crime analysis, instigators of China's criminal law by paragraph 2 of article 29 of the legislative defect analysis, in foreign lawmaking example, on the basis of the proposed legislation suggestion, it is suggested that the criminal law in general, established in the instigated crime to clear the abettor can punish scope and principle, in part of its legal punishment, charges and rich punish the abettor criminal legislation. Finally the author puts forward the concept of sin and business, and its related elements of crimes.
