Research On The Mistake Issues Of Complicity’s Crimes

In the theory of criminal law, the mistake Issues of complicity’s crimes is one of the most complex problems, when these kinds of mistake occurring, it not only need be solved by the basic rules of the theory of the criminal law’s mistakes, and also it must be restraint by the basic theory of the complicity’s crimes during the hole treatment, ultimate the result which be treated also have to accord with the basic theory of the complicity’s crimes. Therefore, the selection of the mistake of the complicity’s crimes is no doubt a topic of great theoretical value. Nowadays criminal law scholars in China study the theory about criminal mistakes basing on a general premise as a personal crime, and hardly deal with the theory about criminal mistakes of joint offence. In practice, a number of complex criminal cases are often related to that kinds of mistake, but the research on the theory about the criminal mistakes of joint offence is pinch that it is difficult to provide effective guidance for Judicial practice. In practice, the judiciary pays little attention to the difference between the criminal mistakes of joint offence and personal crime so that it is difficult to account the responsibility of joint offenders correctly. Basing on the present situation, from the basic theory of joint offence, this thesis study different type of joint offender’s mistake through taking dividing the work as standard, and analyze the application of the principles of the correspondence between subjectivity and objectivity during treating with the mistakes of joint offence. Besides the preface, the full text is divided into five chapters.The preface mainly introduces the productions on joint offence’s mistake of the criminal law scholars in nowadays, and the confusion which be brought out by handling joint offence’s mistakes since being short of the idiographic judgment standard, thereby clear and definite the purpose and direction of researching on the joint offence’s mistakes.Chapter I mainly introduces the fundamental theory of the joint offence’s mistake. First of all, introduce the basic principles and doctrine system of the criminal law’s mistake. After all, the treatment of the joint offence’s mistakes is basic on the fundamental theory of criminal law’s mistakes, so all kinds of doctrine about criminal law’s mistakes must be distinguished at first. Secondly, define the fundamental problem of joint offence’s mistakes, such as concept and sorts and so on, and clarify the relationship between joint offence’s mistakes and the surplus circumstance of joint offence. Especially, it has the across-superposition relationship between joint offence’s mistakes and the surplus circumstance of joint offence, so it must be clarified. Lastly, elucidate the basic standpoint on researching joint offence’s mistakes. The theory of the complicity is ample but complicated, the unlike viewpoint must make different effect on the treatment of joint offence, and take the preponderant viewpoint as the basic standpoint researching the treatment of joint offence’s mistakes.Chapter II study on the mistakes of common crime. First of all, Study on it according to error of fact and error of law, and make the principles of the correspondence between subjectivity and objectivity be concreted in two different standard, be consistent by concretion and be consistent by the modal element of the pattern of crime, and apply this two kinds of standard to treat with the fact’s error of common crime, and study on the comparison between two handling result, thereby elicit that the standard of be consistent by concretion is more suitable for treat with multi-hurt, and the standard of be consistent by the modal element of the pattern of crime is suitable for the remains. For the treatment of the law’s error of common crime, the irresponsibility law’s error could forbidden imputation of deliberate must be adopted, and adopted the eclectic-viewpoint, and deeply analyze the modality and the treatment of the law’s error of common crime. In the end, deeply discuss the error of the peculiar forms of common crime. Conspiracy common crime and inheritance common crime, as peculiar influential forms of common crime, have different behavior with the general common crime, the thesis deeply analyze the error of these two special common crime by their own characteristic.Chapter III discusses the mistakes of abettor. Firstly, also study on it according to error of fact and error of law. Not only treat with it by two above-mentioned standard, and considering that abettor does not commit a crime himself, so demonstrate the consistent by the same character between two different crimes is reasonable when abettor and offender make mistake between different pattern of crimes. Besides, considering the dual characteristic of abettor, analyze the balance between the punishment on abettor which be forbidden imputation of deliberate and the punishment on the unfinished abet, and suggest if abettor would be punished on the unfinished felonious is better than be punished on the accomplished misdemeanor. For the treatment of the law’s error of abettor, discuss the treatment basic on analyzing its different forms. The secondary, this part study on the mistake is among with abettor and the indirect guilt and aider, and compared the popular viewpoint carries out by inside and outside scholar, and demonstrate the preponderant viewpoint, and put forward the solution to the problem which brought out by apply preponderant viewpoint according the current legislation in our country.Chapter IV discusses the mistakes of aider, include error of fact and error of laws and other questions. During the process of studying the error of aider, this part focus on effect which caused by the characteristic of aider oneself on the treatment of this kinds of mistake, the aider could be divided into aider before offence and aider during the offence and aider after offence according to the aiding behavior happening space-time, the aider also could be classified as spiritual aider and material aider according to the quality of the help behavior, and deeply analyze different forms aider’s error, and take emphases on the treatment on the error of unilateralism aider and error between aider and indirect guilt and error between aider and common crimes.Chapter V meanly research on the other problems of mistake of complicity crime, include identity and aggravated consequential offence and error of the elimination of crime. Firstly, discuss the effects on the joint offenders responsibility which caused by the mistake about the joint offenders’ identity. Secondly, research on the aggravated consequential offence which caused by error of joint offence, and demonstrate whether it would form the complicity when offenders commit "the intentional basic guilty and negligent aggravated consequence", and research common crimes and abettor and aider each other, and demonstrate that the common offenders could form complicity by negligence. Finally, this part discuss the types which forms complicity by fellows make the same error of the elimination of crime under the same cognition.