Research On The Principal

In the field of criminal law, joint crime is the most important in the theory of criminal law, one of the most complex problems.Research on related problems of joint crime, criminal law is always the emphasis and difficulty of research, a Japanese scholar even claims that "the theory of accomplice is desperate for a chapter".The principal as the common types of crime, common crime is the main executor, is a common crime criminal responsibility undertaker, social harm and personal danger the largest common crime.Therefore, all through the ages is the criminal law theory and the criminal legislation of the focus of attention, and has become one of the most concern of scholars of criminal law.With the culprits in common crime in importance, theory of criminal law to the principal research is still relatively weak, only in textbooks and treatises of the individual chapters were introduced and discussed in this paper.Though some scholars to principal, principal of attribution theory, principal specifically identified some basic problem undertook comprehensive research, and puts forward the principal should be "plays in the joint crime organization, main effect or the equivalent role in the common crime" and other innovative ideas, but the principal standards, the unit joint crime and the crime of identity and non-identity offence, complicity in the establishment of many issues have not been studied deeply.In our criminal law theory and judicial practice, there are still some universal problems in theory and in judicial practice departments of the principal problems.Based on this situation, from the common crime theory, through to the various countries criminal legislation and theory, in this paper, the concept of judicial practice, the determination of principal crime and crime, criminal regulation of judicial perfection probes deeply into the problems.The foreword mainly introduces the theory of criminal law about criminal research present situation as well as the judicial practice problems and determines the focus of this paper which reflect the principal research value in theory and judicial practice of great significance.The first chapter is the definition of the concept of principal.The principal is an evolving concept, its connotation in the criminal law of our country and foreign criminal law development both in the process of changing trend.China’s new criminal law about criminal legislation is a typical example of this kind of change.To explore the related issues, the premise is the principal concept definition.This paper first examines the criminal law of our country and foreign criminal law criminal history, summarized, summed up the impact of factors related to the definition, examines the legislation on criminal provisions of the attitudes and practices, to grasp the connotation of the concept of the foundation. Secondly, in the study of the criminal law of our country and foreign criminal law about the principal legislation and theoretical study based on, to our country the principal in criminal law legislation as the standard, to define the.The so-called principal, refers to any common crime organization, committing a crime or in joint crime plays a major role in crime.Based on this concept, in order to deepen the understanding of the principal, according to different standards, the principal of classification.Also, the principal and principal, accessory and accomplice and other relevant category to have certain distinction.The second chapter discusses the principal problems of identification.This paper first examines the criminal law of our country and foreign criminal law about criminal cognizance standard and related theory, and the related theories are analyzed and compared, according to our country’s legislation, summarizes the principal that the basic standard, namely according to the accomplice in the crime the main role as the basic standard of evaluation.Point out at the same time, in grasping the main role, should pay attention to the joint offenders behavior evaluation, pay attention to implementation of a common crime committed in the position, fusion classification and division classification method in the evaluation of common crime in advantage.Secondly, combined with China’s criminal law theory of joint crime and joint offenders classification, principal of cognizance of basic standard of review.In the simple common crime, common crime should be treated as a principal; in complicated joint crime committed, organization, and inciting others to commit a crime instigation should also be treated as a principal.Put forward at the same time, a plurality of the prime culprit also wants distinction to treat, however, this distinction is the principal level, rather than the difference between the main and accessory.Finally, with the judicial practice problems, the special common types of crime criminal cognizance issues specific discuss.At the same time, the identity and the principal as well as the relationship between the unit joint crime criminal identification problem for a certain investigation, think in common crime, in persons with and without special status constitutes standard status crime situation, the person without status can also be treated as a principal.In the unit joint crime situation, principal that also should be in accordance with the subject of crime in the crime of the role to grasp.The inner member does not constitute a crime, but still exist to distinguish primary position and aided the necessity of position, but this distinction is, units in the common crime of status effects.The third chapter discusses the principal responsibility.The principal is a common crime in most major crime, therefore, principal responsibility is the core problem of joint offenders responsibility.Firstly, our country criminal law educational world about the criminal responsibility theory are analyzed, and put forward my own opinion.In the main the scope of criminal responsibility, criminal group ringleaders, according to "the group deliberately responsible for saying," the group deliberately under the control of behavior should bear criminal responsibility; rather than the group deliberately control behavior as group member individual behavior, only the group of a particular member responsibility, the primary molecular not responsible for. Other principal only regarding their involvement in, or the organization, planning, directing the crime criminal responsibility.In the criminal responsibility degree based on principal offender in the crime, and the role of criminal policy, especially for the crime is the ringleader of a group to be given a heavier punishment. Secondly, in determining the criminal responsibility scope and degree on the basis of the principal, the sentencing principle and the principle of punishment are discussed.Criminal sentencing and punishment must follow the crime punishment adapts the principle, to consider the special factors in comprehensive evaluation.Finally, combined with a specific crime types in the principal to principal punishment principle are discussed.The fourth chapter discusses the principal of the unfinished form of crime, crime number and realized the error problem.First of all, the division of labor based on accomplice respectively discussed in the common crime preparation, attempt and suspension of cases before the cognizance and punishment.Think before embarking on behavior, organizational behavior, does not have the legal interests of actual risk, but this situation is with the possible infringement of legal interest, whether can translate into reality to see people, instigated by the organization of people whether to accept the instigation, organization, if instigated persons refused to abet or organization refused tissue, the infringement of legal interest is probably impossible, so the behavior, organizational behavior at the start before the introduction of preparatory behavior should be viewed as.Execute to judge principal bounded suspension, is Nishida Norino’s approach, he did not mention the theory point of view, but the specific analysis under what circumstances can determine how to stop, can eliminate the behavior, this analysis is very complicated, the specific content can’t outline secondly, to "accomplice behavior" as a principal crime number judgment standard, discusses the different types of the division of the imaginative joinder of offenses, aggravated consequence and the implicated offense specific cognizance and punishment are discussed respectively. Finally, common crime and crime group in understanding errors on the principal that influence, and according to anticipated crime is realized in different situations elaborated understanding errors on the influence of punishment.The fifth chapter discusses the criminal regulation.China’s current criminal legislation basically is to adapt to the needs of the judicial practice, but there are still some places needing to be perfect.In the principal defining aspects, legislation reduces the organizing criminal range, the omission of the general common crime of organizing offender.At the same time, there is no clear perpetrator status, should execute prisoners are treated as principal.In the criminal punishment, should reflect the spirit of the principal shall be given a heavier punishment, but should be the principal certain distinction, a heavier punishment should be restricted in the criminal object is the ringleader of a group that principal types.And, with the penalty of a problem is, an accomplice shall refer to the lighter, mitigated punishment or be exempted from punishment.Otherwise, lost advocate, from the meaning of the differentiation.In the criminal judicial regulation, should pay attention to principal, accessory to distinguish, pay attention to the connotation.In order to achieve this goal, from three aspects:one is to pay attention to the figure of the principal types of judicial interpretation; two is to enact the identification and punishment of guiding cases; three is to promote the judicial personnel’s quality and ability.