JOURNAL OF JIANGHAN UNIVERSITY (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (5): 5-13.doi: 10.16387/j.cnki.42-1867/c.2023.05.001

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Study on Disciplinary Offence of Implicated Relationship

PANG Shiping   

  • Received:2023-06-07 Online:2023-10-28 Published:2025-01-06

Abstract: Alarge number of disciplinary offence of implicated relations exist according to the CPC discipline,yet punishments for those offence are not regulated in the Regulations for CPC Disciplinary Punishment. One prohibited behavior may involve several disciplinary offence;one prohibited behavior may commit different types of disciplinary offence;and there may be implicated relations between several disciplinary offence. Due to the three features,the identification of implicated relationship should uphold the unification of implicated intent and causality. There are three types of implicated relationship:an implicated relationship between means and end acts;an implicated relationship between cause and effect acts;and a complex implicated relationship that involves both the above two types. Handling disciplinary offence of implicated relations should differ from handling disciplinary offence of imaginative joinder of offenses and that of aggravating circumstances. The absorption principle should be adopted,following the terms of“convicted and punished in accordance with the heavier provision,”the terms of“convicted and punished in accordance with the special clause,”or the terms of“joinder of punishments for plural crimes”if a disciplinary offence is illegal and criminal and is not specified in the Regulations for CPC Disciplinary Punishment.

Key words: disciplinary offence;implicated relationship;disciplinary identification;disciplinary treatment

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