Analysis Of Some Issue In Subjective Element Of Joint Crime

There shall be a common intent between the accomplices according to thepresent legislation and the prevailing academic theory. However such limitedunderstanding caused great disputes in three areas as follows: First, in the case of halfconspiracy where the common intent between the parties doesn't exist, the principleof joint crime is not applicable to such case since there are only some but not all theparties of the crime is aware of happening and nature of the joint crime. Short ofshared intent, the half conspiracy can not be considered as joint crime. Second, whenascertaining whether some behavior belong to the surplus of joint crime, thetraditional way is discussed from all kinds of conspiracy one by one and not use thecriminal theory of mistake. This way can not provide a uniform support when tryingto resolve the problem. Finally, unpremeditated joint crime is denied in our criminallegislation, and this also would be a dilemma in the future.Based on the summary of the existing theories, the dissertation makes somedifferent comprehensions and expands the subjective element of the joint crime.In the first place, the dissertation believes that the joint crime could come intoexist even only some but not all of the parties have consciences of that the happeningand nature of the joint crime. But the joint crime is not like the traditional joint crime,which only refers to the parties who have consciences and not include the otherparties who have not consciences of the joint crime. Therefore, the half conspiracywill have reasonable base to be punished.In the next place, the criminal theory of mistake can be applied whenascertaining whether the behavior beyond the joint crime. Given the other parties'behavior in a joint crime as the environment of one party, when the other parties'behavior different from the intent of the party, it is also a common mistake. So we cancertainly use the mistake theory to analyze the issue.Lastly, the dissertation advances that the unpremeditated joint crime should beaccepted by legislation. This is because of the developing situation of society today.