Research On The Scope Of Foundation Of Joint Crime

Joint crime is a common pattern in crime judicial practice and a complex issue in criminal law. Scientific concept is of important guiding significance to correct handling of cases joint crime in judicial practice. Viewing of this, we talk about the establishment scope which is an important issue of joint crime in this paper superficially.First of all, it is the problem about determining establishment scope of joint crime. In this part, from analyzing two real cases in China and Japan, we lead to the subject discussed in this article, which is to what extent we identify the establishment of joint criminal. We introduce domestic and international point of view about the establishment scope of joint crime, then analyze the advantages and disadvantages of various viewpoints, and conclude Chinese research status. There is evolution of various viewpoints, and the main controversy is between the theory of part co-crime and the theory of constitutive requirements behavioral common in civil law countries. The theory of part co-crime is main opinion in Germany and Japan, claimed by many scholars in China. These two theories tend gradually together, but their difference in basic position is unbridgeable. The theoretical basis of the theory of the behavioral common is subject to a lot of criticism: it can not satisfy the recognition of public and is far from the judicial practice. And the theory of part co-crime which rationality built on the basis of the principle that is full responsibility for part of act. Meanwhile the paper also responds a number of criticisms from the theory of the behavioral common.There are some problems of the theory of part co-crime itself in relation to identifying the instigator and the subordination. This paper explains the nature of the instigator to solve this problem. Then we identify the establishment scope of joint crime in practice. The theory of part co-crime applies mainly in Lapping of Legal Provisions, imaginative jointer of offenses, transforming offenders and excess of execution. We need to solve joint crime conviction and measurement of penalty problem of joint instigator part joint instigator and part accomplice by implementing the theory of part co-crime. We should use the theory of part co-crime to solve the status joint crime problem which is of practical significance. Joint crime exists in the coincidence of constitutive requirements and the actors of different identity need to be convicted dependently. Finally, in the practice of identifying joint crime we should not only concern about the static Lapping of Legal Provisions and dynamic imagine competing to which crimes can make up the theory of part co-crime, but also about whether there is psychological effect relationship between the offenders to grasp the essence of joint crime accurately.