Research On The Legal Nature, Constitution And Punishment Of Imaginative Jointer Of Offenses

On the basis of comparative research on the stipulations concerning imaginative jointer of offenses in Germany, Japan and Taiwan province, the article focuses on the legal nature, constitution and punishment of the imaginative jointer of offenses and advances some suggestions on the settlement of the coincidence between joint offenses and imaginative jointer of offenses.This article is divided into 4 chapters .The first chapter, as the theoretical preconditions of imaginative jointer of offenses, is concerned about the standards and types of "one action" which should be justified in accordance with the stipulations in the criminal law .and the author makes an introduction to the classification system about "one crime", putting forward the definition of one crime in nature, in stipulation and in sentence.The second chapter focuses on the legal nature and constitution of imaginative jointer of offenses. The author insists that imaginative jointer of offenses should be considered as one type of "one crime in nature" according to the theory of quantity crime in our country, and imaginative jointer of offenses of one kind should be justified.The third chapter focuses on the punishment of imaginative jointer of offenses. After the comments and research on the principles of "jointer of punishment for plural crimes" "particular research and judgment of the crimes" "punishments for the serious crime", the author discusses the reasonable basis and the applications of the principle of "more punishments for serious crime".The fourth chapter discusses the relationship between imaginative jointer of offenses and joint offenses. In this chapter, the author insists that joint offenses should be divided into 3 types: joint commissioner, abettor, accessory, and discusses the settlement about the coincidence between imaginative jointer of offenses and joint offenses.