论“致人失踪”的刑事责任-刑法学专业论文.docxVIP

关键词：失踪犯罪结果刑事责任 关键词：失踪犯罪结果刑事责任 万方数据 CRIⅣⅡNAL CRIⅣⅡNAL LIABILITY 0F HI 7]MAN．INDUCED DISAPPEARANCE ABSTRACT Chinese criminal law has no regulation about the criminal liability of “human-induced disappearance”．In the light of the principle“nulla poena sine lege”，the perpetrator Was not prosecuted for criminal liability because of lack of rationale．However，in judicial practice，there’re some“human—induced disappearance’’cases which have serious social harmfulness need to be evaluated by the criminal law,when they appear,different judges have different opinions on them，for instance，free from criminal liability of“human-induced disappearance”，ignoring“human—induced disappearance”when it can be castigated by“human-induced death’’or“human-induced injury”，regarding Declaration of Death in civil law as the basis for investigating the criminal liability of the perpetrator,presuming death in individual criminal case to investigate the criminal liability of the perpetrator,and SO on．It is not only violates the requirement of unity of the legal effect but also runs counter to the requirements of the principle“nulla poena sine lege”．To this，the auther is trying to put forward the view that we should regard“human-induced disappearance’’ as a criminal consequence to investigate the criminal liability of the perpetrator． The first chapter elicits the questions how the perpetrator who makes others disappear prosecuted for criminal liability． 万方数据 The The second chapter introduces the related concept，and puts forward the relationship and the differences between“human-induced disappearance’’and other criminal consequences． The tllird chapter evaluates the opinions on the criminal liability of “human-induced disappearance”，then gives the idea that“human—induced disappearance”should become a criminal consequence，and preliminarily proposes that“human—induced disappearance”should become a criminal consequence。as a conviction consequence or a sentencing consequence，by taking the two crimes