Participatory Relationship of Status Crime: Concentrating on Section 31 of Taiwan's Criminal Code

• Main Authors: Li-tsen Huang, 黃麗岑
• Other Authors: Hsiao-Wen Wang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/50199610350588923927

碩士 === 國立成功大學 === 法律學研究所 === 96 === “Sonderdelikte” mean requirements of the act doer in the constituent elements of an offence. The necessity to distinct “Allgemeindelikte” and “Sonderdelikte” would reveal while there are more than one person participate in committal. This thesis adopts comparative approach to ascertain what the status of “Sonderdelikte” is. In addition, this thesis focuses on whether the penalty structure of participatory relationship on “Allgemeindelikte” could be applied to the participatory relationship of “Sonderdelikte”, and whether Section 31 of Taiwan’s Criminal Code is against the essence of “Sonderdelikte”. Besides, amendment to Section 31 in 2005 has ever brought severe academic debates, and this thesis also would examine these discussions. Finally, this thesis would elaborate how to deal issues of “echte Sonderdelikte” and “unechte Sonderdelikte” from categorization of them.