| 英文摘要 |
By analyzing judicial documents that deny the establishment of implicated offenses, it can be found that typical implicated relationships, objective facts of implication, and subjective intentions of implication are necessary conditions for the establishment of such offenses. First, typical implicated relationships should be primarily judged based on the criterion of“commonality (generality in the nature of crime)”and then supplemented by the criterion of“necessity”. Second, regarding objective facts of implication, prominent judicial application problems include the treatment of special circumstances of implication, such as“excessive means”and the Clamp effect, as well as the phenomenon of mistaking multiple acts as implicated offenses and reversing the order of the means and the purpose acts. Third, the subjective intention of implication refers to the psychological state in which, for the purpose of committing a crime, the perpetrator understands the relationship between the means (cause) and the ends (result) of the behaviors and puts them into practice. |
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