A Comparative Study On The Joint Offenders Classification Standard

The realization of Joint criminal responsibility relies on the right classification of Joint offenders. Hence the classification of Joint offenders has long been the emphasis in all the country' s criminal legislation, as well as one of the heated problems in studying the theory of criminal law. In order to offer a. scientific basis of the conviction and sentence for joint offenders. The author compares and studies the different classification standards, then put up his own view on which sort of standards should we adopt to. Tlie paper consists of 6 parts and about 40; 000 words in total.Part one, Introduction. The paper first thoroughly criticized the unitary system-the theory foundation of no classification on Joint offenders-the concept of the united principal offenders and points out the value of classification. From this point, the paper turns to discussing the classification standard, and demonstrate the basis train of thought of this paper.Part two, analyzing the legislation and analysis of the purpose of the Joint offenders classification. Through the investigation of legislation, the paper concludes two standards of Joint offenders' classification-Action - division classification method and Function classification method. And then analyses the purpose of the two standards. On this basis the paper points out that the Function classification mainly deal with the sentence, but under the common concept ofJoint crime no countries have such legislation merely adopting this standard.While the action - division classification, though its main purpose is to deal with the conviction, it is adopted by most of the countries, trying to deal with the sentence while coping with the conviction.Part three, Investigation of the Action - division classification method. The author probes deeply into the advantage and disadvantage of the Action -division classification method adopted by almost every country from the aspects theory and practice, pointing act that, under the legislation pattern of only adopting the Action - division classification method, the performance in practice has not only made the theory in difficulty, but also contradicted the principle of crime and punishment stipulated by law to realize the justice of sentence. The conclusion is that the most important advantage of the Action - division classification method lies in it' s making the conviction basis clear, but it can' t avoid losing the balance in the sentence.Part four, criticism to the Joint offenders classification standard of our country. Firstly, the author introduces the legislation process of the Joint offenders classification regulation in our country, then through theoretical analysis and practical investigation, the author points out that the standard in our criminal law is only a mixed classification method in which function is the main basis and the action - division is subsidiary. This method not only causes a great deal of controversy in theory but also leads to losing justice in conviction and sentence in practice.Part five, the reforming of the Joint offenders classification standard in our country. On the basis of evaluating the two classification methods, the author puts up his own view that the Joint offenders classification standard should be aco - existing pattern which contains the two classification methods. And then analyses the necessity?feasibility and reasonability in realizing the Joint criminal responsibility.Part six, conclusion. The author summarizes the paper and points out the problems we should pay attention to when the co - existing pattern is wed is legislative plan.