The meaning of the internal implication system, the definition of implication jurisdiction

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Combined jurisdiction, also known as implicated jurisdiction, means that a people's court with jurisdiction over a certain case may hear other cases that are implicated in that case together. Consolidated jurisdiction is because the court with jurisdiction over a certain case has jurisdiction over the other case and it is necessary to conduct a joint trial to obtain jurisdiction over the jurisdiction of the other case based on the fact that there is a certain implication between the other case and the case. For example, when the plaintiff adds a claim, the defendant submits a counterclaim, and a third party raises a claim related to the case, the people's court shall apply consolidated jurisdiction.

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Although there is no explicit provision in the provisions of the Chinese Criminal Law, implicated offenders are often involved in judicial practice. There is a lot of controversy in the field of criminal law theory about the issue of implicated offenders. The traditional criminal law theory holds that the implicated crime is a substantive number of crimes, and one crime is punished; The provisions of the new Criminal Law apply both a heavier punishment to those who are implicated and a combined punishment for multiple crimes.

Due to the coexistence of these two principles of punishment in judicial practice, it is very easy to cause inconsistency in the application of law.

Implicated offender: refers to the criminal state in which several criminal acts are committed for the purpose of a crime, and there is an implication relationship between the means and the end or the cause and the result between the several acts, and several crimes are committed respectively. In addition, for implicated offenders, except as already provided for in the Criminal Law of our country, they shall be punished as a felony.

To constitute an implicated offender, the following conditions must be met:

The first sin must be for a criminal purpose.

"Criminal purpose" refers to the result that the perpetrator hopes to achieve by committing acts that endanger society. The purpose of a crime is different from the intent of the subjective aspect in the composition of a crime, and the intentional content of an implicated criminal act committed under the control of a criminal purpose may be different, but it must be intentional. Crimes of negligence do not establish implications.

Second, there must have been two or more separate criminal acts.

The perpetrator must have committed two or more separate offences and committed different offences. If there is only one criminal act, even if it is committed on different charges, it is not an implication but an imaginary conspiracy.

The number of criminal acts may be judged on the basis of the composition of the crime. The heterogeneity of the acts is the heterogeneity of the acts, that is, the method and the purpose acts, the cause and the result are heterogeneous crimes. If only one offence is committed, it is a serial offence and not an implicated offence.

Thirdly, there must be a connection between the offences.

Implication refers to the close connection between the method and the purpose or the cause and the effect between several criminal acts committed by the perpetrator.

There are three main views in the academic community on how to determine the implication relationship: subjective, objective, and eclectic. The author believes that the compromise theory of insisting on subjective and objective consistency, comprehensively considering the subjective and objective factors of the actor, and requiring both the intention of implication and the internal causal connection between the acts is more scientific.

Hello! The general provisions of China's criminal law do not explicitly stipulate the concept and punishment principles of implicated offenders, and criminal law theory generally holds that implicated offenders should be punished with a heavier punishment or a heavier punishment (convicted and punished more severely according to one of the felonies). As a form of crime that is not expressly provided for in the provisions of the criminal law and cannot be punished for multiple crimes, it is theoretically worth studying.

1. The concept of implication.

An implicated offender is a situation in which the purpose of committing a crime is to commit another crime, and the method, act, or result of the crime is committed by another crime.

II. Composition of the Implicated Offender.

To constitute an implicated offender, the following conditions must be met:

1. The implicated offender must have two or more harmful acts, which is a prerequisite for constituting an implicated offense. It is only when the perpetrator has committed several acts that he or she may be implicated. If only one act is committed, there is no implication between the acts.

2. There must be an implication relationship between several acts of the implicated offender. The so-called implication relationship refers to the relationship between the means and the end or the cause and the result between several acts carried out by the actor.

3. Several acts of an implicated offender must be charged with different crimes, which is the legal characteristic of an implicated offender and is also a sign for determining the implicated offender.

III. Handling of Implicated Offenders.

Implication is a crime in the adjudication, and the principle of punishment from a felony is applied. In other words, the principle of absorption should be applied to implicated offenders, and the most serious crime should be punished according to the number of acts.

As long as the perpetrator has carried out several acts, including acts of means and acts, and at the same time, each act constitutes a different crime, the heavier punishment is to be chosen because of the implication relationship.

If it is not a joint crime, it will not affect the family.

Whoever violates the law bears it, it is the same in ancient and modern times, and there is no law in our country to punish the nine tribes

Of course not, in the current society under the rule of law, you think it is still the old society that is engaged in joint sitting.

Most of them, or not in general.

Parental crimes will affect the future of their children, such as taking the civil service exam, joining the party, etc., this kind of legal provision should be abolished, which is simply a social regression!

In our country, this refers to overcoming the shortcomings in the existing system and adapting various systems to the needs of socialist modernization.

Including the reform of the economic system, the reform of the political system, the reform of the scientific and technological system, the reform of the cultural system, etc. It is an important guarantee for our country to adhere to the socialist road. Since the reform and opening up in 1992, the reform and opening up transformation has been officially announced, and the system reform will be further accelerated to adapt to the new situation of reform and opening up.

Efforts should be made to promote the reform of the administrative management system. In accordance with the streamlined, unified.

First, the principle of effectiveness and the requirements for coordination of decision-making, implementation and supervision.

In my opinion, there should be two kinds of structural reforms: one is the reform of the economic system and the other is the reform of the political system.

As far as China's history is concerned, for example, China used to be a planned economy, but now it is a market economy, which is the reform of the economic system; The essence of the reform of the political system is to reform the ruling class, which is bound to implicate the corresponding ideological system and organizational structure, and is also related to the needs of the people and the stage of social and economic development.

Just as China began to engage in the socialist system from the first time, to the later reform and opening up, to engage in "building a socialist society with Chinese characteristics", in fact, there are many capitalist things, China's reform, the country is indeed strong, so the people are willing to follow, why? It is their needs that are met, and the material development of our society.

In the final analysis, development is the last word, as long as you can satisfy the people, you can have political power for a long time, in fact, the current people do not have the same enthusiasm for this kind of thing as before, they pay more attention to their own interests, that kind of system can make them live a good life, then that kind of system is good.

Prosperity, the people suffer, death, the people suffer.

The common people of today understand this very well.

Institutional reform, from the system and system reform, one is system reform, the other is internal structure reform;

This also includes personnel, if there is a change in the management hierarchy, personnel changes and personnel adjustments will be adjusted along with the reform of the system