法律翻译课堂--Aiding and Abetting.docx

法律翻译课堂--Aiding and Abetting泛瑞翻译Aiding and AbettingTo assist or facilitate the commission of a crime, or to promote its accomplishment. ? Aiding and abetting is a crime in most jurisdictions. ?— Also termed aid or abet; criminal facilitation; counsel and procure. — aider and abettor, nAiding-and-abetting liabilityCivil or, more typically, criminal liability imposed on one who assists in or facilitates the commission of an act that results in harm or loss, or who otherwise promotes the acts accomplishment. See AID AND ABET. Cf. causer liability.Aiding and Abetting 帮助和教唆指引诱、唆使、鼓励或促成他人实施犯罪的行为。在美国，教唆他人实施任何犯罪都可以构成教唆罪，且只要有了教唆行为就构成既遂犯罪，而不要求被教唆者实施了教唆的罪。在英国，以前只有帮助和教唆他人实施重罪才构成二级主犯（a principal in the second degree），1967年以后帮助和教唆他人实施任何犯罪均以主犯论处。Latest Case Opinion in U.S.Ritchie Capital Mgmt. v. GECCAreas of Law: Civil Procedure?Ritchie filed suit against GECC for civil conspiracy to commit fraud, for aiding and abetting fraud, and for negligence in connection with Thomas Petters Ponzi scheme.?The district court granted GECCs motion to dismiss based on Ritchies lack of standing. The district court reasoned that Ritchie lacked standing to bring the conspiracy and aiding and abetting claims because the causes of action were the exclusive property of the Petters Estate and, in the alternative, that Ritchie failed to state a claim because Ritchie failed to plead proximate cause for the aiding and abetting claim and failed to plead an “overt act” for the civil conspiracy claim.?The court concluded that Ritchie lacks standing to assert its claims because Ritchie has not alleged a particularized injury.?The court adopted the district courts opinion and order. Accordingly, the court affirmed the judgment.