牵连犯的认定与处罚研究

发布时间：2018-06-16 09:58

本文选题：牵连犯 + 牵连关系　；参考：《甘肃政法学院》2014年硕士论文

【摘要】：牵连犯是刑法理论中构造复杂、内涵模糊、构造奇特的一种犯罪形态,由于涉及理论问题众多而成为刑法理论中极富争议的热点问题,自产生以来经历了近两个世纪的漫长发展,学者们对牵连犯的相关理论研究也取得了阶段性的成果。牵连犯作为一种客观存在的特殊犯罪形态,我国刑法分则虽然对此有所涉及,但由于未能明确牵连犯的具体内涵,没有确立统一的处断原则,在司法实务中对于未明文规定的牵连犯的处断显得十分混乱,在刑法理论学界中更是众说纷纭,难有定论,无论是牵连犯的概念还是特征及处断原则不同学派都存在着诸多争议。牵连犯特殊的罪数本质决定了对牵连犯的界定与处断必须异于一般的单纯一罪和一般的实质数罪,这就要求我们必须准确的划定牵连犯的内涵及外延,以便全面认识把握牵连犯,在此基础上寻求最为科学合理且符合法理的处断原则。牵连犯涉及的刑法理论知识颇为艰深复杂,但最核心的问题就是牵连犯的认定和处罚原则的选择,本文将就围绕牵连犯理论中这两个最为基本的问题展开论述,通过归纳总结并深入评析国内外不同学说,针对我国当前的立法实际和司法困境,就牵连犯的罪数本质和应适用从一重重处罚原则的依据等观点进行详尽的阐述。
[Abstract]:Implicated offense is a kind of criminal form with complicated structure, vague connotation and peculiar structure in the theory of criminal law. It has become a controversial hot issue in the theory of criminal law because of its numerous theoretical problems. After nearly two centuries of development, scholars have made some achievements in the theoretical research of implicated crime. As an objective and special form of crime, although the specific provisions of criminal law of our country are concerned with this, but because of the failure to make clear the specific connotation of implicated crime, we have not established a unified principle of adjudication. In the judicial practice, the conclusion of the unspecified implicated crime appears to be very confusing, and in the field of criminal law theory, there are many different opinions, which are difficult to come to a conclusion. There are many controversies in different schools of thought, whether it is the concept or characteristics of implicated offense and the principle of adjudication. The nature of the number of crimes in implicated crime determines that the definition and punishment of implicated crime must be different from that of simple crime and general substantial crime, which requires us to define the connotation and extension of implicated crime accurately. In order to fully understand and grasp the implicated crime, on this basis to seek the most scientific and reasonable and in accordance with the principle of adjudication. The knowledge of criminal law involved in implicated crime is very complicated, but the core problem is the identification of implicated crime and the choice of punishment principle. This paper will discuss the two most basic problems in implicated crime theory. Through summing up and deeply evaluating different theories at home and abroad and aiming at the current legislative practice and judicial dilemma in our country, this paper expounds in detail the essence of the number of crimes implicated and the basis for the application of the principle of heavy punishment.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.1

【参考文献】