Law reality practical arrangements originated in the practice of criminal law in Germany, its main function is through the process of certainly principal reaches the target identify principal and accomplice. Because to identify the principal and the accomplice in our country with law system is necessary, it is also difficult, attack against crime reality arrangement actual treatment principal and the accomplice of the discrimination results can not afford to fair avenue of research. The articles not only from law reality practical arrangements within and from law reality practical arrangements outside, from the actual arrangement of crime on the actual to be discussed, so comprehensive picture of the actual reminder, completely clarify me the quintessence of circles on the actual many misunderstandings, feasibility of precise analyse the actual in the criminal law of the people's Republic of China, appropriate argument the actual in the criminal law of the people's Republic of China in detail and practical. Besides the preface and conclusion, is divided into four chapters, about 16 words. The first chapter of history on the law reality arrangement of actual stop detailed assessment. The aim of this chapter is to show the reality of the actual process of illegal arrangement, straighten out the crime not less than the actual arrangement, find the focus and difficulty of the research. Chapeau, from the point of view of law reality design concepts of growth and the experience from the crime punishment of judge approach to interpretation of the principal and the accomplice discrimination performance change. Secondly, from the law reality arrangement in the viewpoint of the growth process and law reality arrangement can actually be divided into two stages: preliminary growth and ancient open, the former Welzel period and the latter for Roxin period and Roxin practical arrangements now in the academic occupation phase of dominant position. In the law reality to arrange the actual growth process in, the performance has been poured into the reality of crime reality arranged with a standard real fight crime, objective of crime practical arrangements and objectively real fight crime, in fact, many of them have emerged to reconcile the indecent point. It is under the different position of illegal real arrangement of actual utility scale, system position description issues specific to the emergence of a number of different. Initially, from the point of view of illegal real actual in the German case growth trajectory, illegal real actual growth in the German case lag in the growth process, and are subject to the influence of the growth. Arrange the actual law reality finally entered the German case, important to limit a reality, no independent position. Now, that become the standard of the actual comprehensive discrimination with mainstream principal and accomplice in the actual. But because direct principal offender, direct principal offender and accomplice to discern that carry out illegal actual arrangement and support in case the objective reality of the law and policy background have gradually added the stage of history, law reality arrangement actual hopeless in German jurisprudence in the future occupy a dominant position. The second chapter of the law reality arrangement of actual ontology opened specific discussion. This chapter aims to crime within the actual arrangement appropriate comment itself indecent point, so that the support of law reality arrangement of the actual profile. This article first note law reality arrangement is open concept, its openness expressed as two traits that make up that only using the description method of definition and rules. Secondly, the paper presents the types of stop illegal practical arrangements. Crime reality arrangement can be divided into action arrangement, mean arrangement and function arrangement of three types, corresponding to the action plan and direct principal offender, the mean arrangement and direct principal offender corresponding and efficacy of arrangement and with corresponding to the principal. (1) action arrangement exists in two cases, one is in the force of circumstances and intends to personally complete elements, two case is forcing the intention and personally complete elements. Or the person to complete the elements of action, regardless of whether there is evil, with action plans. (2) the meaning of arrangement is to grasp the meaning of strength as the basis, which in turn can be divided, with arrangements and organization to force. The judge needs forced arrangement obligations when the pressure reaches the criterion, as long as the forced make criminal obligation from the former scene level, behind it has forced arrangement. With differences in the structure of arrangements to force arrangement, its behind has superior resolution settings from the sense to determine the scale. A superior resolution can to illegal real level characteristic according to, according to the action modes of the familiar, the nature law of familiar, evil identity of the familiar and specific action meaning familiar, crime reality arrangement can be divided into four levels, higher level, law reality arrangement is more comprehensive, arrange the stronger force, if behind the scenes of crime reality arrangement level higher than the direct action of law reality arrangement level has from the point set in the survival of the resolution, thus becoming the direct principal offender. Accordingly mean arrangement can be divided into four types that application is not familiar to objectively wrong object elements of composition, application of law of familiar with the wrong object, application problems that compulsory resistance is subject object and application with elements conformity, compliance, accountability object. Arrange Roxin first composition is the independent type of direct principal offender, the crux of the problem of identity lies in the implementation of the free exchange. The organization can only exist in violation of justice with machinery, and cannot apply to the legitimate economic organizations and other organizations to. Through the process of action into the criminal organization and cause offence to the promotion and establishment of basic organization of the main anomaly characteristics. (3) the effectiveness arrangement know must be independent in special easily lead to deserve punishment punishment consideration of general evaluation, chapeau deposit dependents of joint action structure. In conjunction with impact structure, with the principal as long as with the action and the planning ability to complete, however any one person can through the process of undo the crime. Plus the work and make all planning disillusionment. Is this kind of functional arrangement based on the obligations law reality arrangements, where various arrangements will occur in the full scope of the action planning. The preparation stage of the interaction can't build a function of arrangement. Again, the article through the process of crime the concept and types of the real that the law reality arrangement basic contour, further of German criminal law science circle and practice circle have emerged and in fact set in the arrangement of different content to be a comment. First, this article analyzes the structure of law reality arrangement, thought the law reality arrangement is involved in multilayer comprehensive ontology and target assessment methods on products, is a comprehensive concept and standard description of the. The third chapter gives specific discussion on the relationship between the actual arrangement of crime. This chapter select the actual and criminal theory system, and other identifying actual and with special subject indecent composition elements of three sets of relationships to be described, from the law reality to arrange the actual core glimpse its systematic position, doctrine history position and utility scale. Chapeau, law reality arrangements should be composed of elements of sin be concluded, and on sin, law reality arrangement of "evil elements" is still sinful category scores. Law reality arrangement not only request internal arrangement of the premise also request objective knowledge is the internal composition elements of completion and outcome goals completed the same, the judge shall comply with objectivity and objective order first. Secondly, illegal real actual and other identifying existing mutual difference and close contact, identification of other physical reminder of the various features of the real crime, law reality to arrange the actual self value is, the everything before trying to pursue vaguely not clear the thought constructs the midpoint potential, makes in the conflicting indecent point in permanent internal wholeness emerge. An actual arrangement can be said to be a complete judicial invention. At the same time, the actual construction of the illegal arrangement of logic structure of subjective and objective elements, processing in China with just the same crime subjective and objective criterion does not solve the problem. Initially, the thought and not all types of crimes can be practical law reality practical arrangements, if in the special crime case remains discussion law reality practical arrangements, the arrangement of objects is obviously different, the loss and structure characteristics of the standard of law reality arrangement concept is excess, is cannot be taken. And cannot commit crime by the view that the establishment of responsibility and responsibility arrangement in violation of the two elements, a practical arrangement does not permit one of the elements of crime responsibility. Then, a detailed demonstration of the identity of the object without intentional results, confirm and further analyzes the relationship between crime and special arrangement of objective elements between. The situation has special differences and objective elements, with the objective elements of special situation in law reality arrangement of actual range. But it made results in the shortening of the action and to make two conclusions, in fact not the same. The fourth chapter discusses the important law reality with the arrangement of actual practical results. First of all, in the actual processing arrangement of illegal direct principal difficulties gained on the resolution of. It is directly the principal that principal solid basis; as long as own law reality arrangements practical ability to comply with direct principal offender by "replacement" to independent shape of ancient times growth and ability to screen the former for intentional crime cases belong to the scale of direct principal offender within. Secondly, the actual processing of illegal arrangement with the principal coherent performance it is useful. According to the actual arrangement of crime, with the principal obviously belong to the principal of a, set up with the principal must have with the crime and resolution with the implementation of the action; according to the actual arrangement of crime, principal with special shape and departments implement all of its obligations to penalty quasi rope can get a reasonable explanation. First, with the illegal arrangement actually can deal with the fundamental problems of organizing offender. The essence of organization criminal, although all of the organizing criminal scene positioning differ, but all recognized organizer has an arrangement for the implementation of the relationship, a relationship. Law reality arrangement actually found this arrangement and restriction between the origin, Pingzhang the right to organize mechanical arrangement. The organization crime is as the nature of action figures, the crux role focus issues. In the scale, according to the nature of organizing offender, criminal organizations and ordinary fit structure on the essence of the difference between crime and make detailed delineation of the criminal law of the people's Republic of China and China recognized organization of criminal policy reasons, it can only exist in crime groups, but not criminal organization action group will surely be an organization committed of to the presence of organizing offender. In addition, organized arrangements can adequately explain the actual rights machinery organization committed to bear the implementation of obligations committed. 目录: |
