The Study On Joint Intention

Since the adoption of the principle that part action is responsible for the whole crime in our criminal law, punishments to the joint intentional offenders are relatively more severe than that to the singe ones, which lies mainly in the joint intention referring to the subjective aspect. There was very little research on the joint intention in history as the principle of objective incrimination and the combination of group and entire liability. Though nowadays many scholars have gone into the research of this area, due to the complexity of criminal phenomenon, it is hard for them to cover all the details and thus leave the judicial practice a lot of difficulties. This essay emphasizes on discussing some questional points in the area of joint intention both theoretically and practically, in the purpose that others may come up with more valuable opinions.This essay consists of five parts beside the introduction and conclusion.In part one, there is mainly a brief review of the relative law and arguments about joint intention in both China's and abroad history, with some explanations about the relationship between joint intention and crime.In part two, through analyzing the recognition and determination of joint offenders, the two components of joint intention, and the requirements for the purpose of intentional offenders, the author comes up with some own ideas, such as the three basic points in shaping the joint recognition: firstly the recognition of joint behaviors, secondly the recognition of the causal relationship between behaviors and harmful results and thirdly the realization of other joint offenders' behaviors.In part three, the author analyzes the contact of criminal intention of the joint offenders from the point of the way in which the joint intention comes out. On the basis of other people' s researches, there comes three ways about how joint offenders get in touch.with each other, that is expressing, implying and tacit permission. As far as the author concerns, both expressing and implying have certain manifestations, for instance, sometimes even the way of implying has some body language such as eye-contact to let other know. However there comes some criminal group among which there is no contact at all among their members in practice, thus the author considers that tacit permission is one way in which that joint offenders contact. Meanwhile, the author focus on analyzing the requests and attention-points of the contact of some special types of joint offenders such as joint offenders with someone not involved in practice, joint offenders with an instigator and partly joint offenders which is with particularly detailed discussion.In part four, by analyzing the joint intention, the author discovers some problems about the applicable law: wrong recognition, behaviors that go beyond the joint intention and the characteristics of the joint intention of special joint offenders. On top of that, the author also comes up with her own advices: joint intention includes the coincident part of intention, which does not require the entirely same joint intention; extra intention does not belong to the joint intention, as it does not meet the request of the time or of others; those offenders who participate in the crime after the start of the joint crime still should be faced with the same accusation compared with others, since they know clearly what kind of the crime is at the very beginning.In part five, the author mainly focuses on discussing the affection of joint intention on the states of crime. Since behaviors that cause joint crimes are enforced jointly by all the offenders, it becomes much more complex when comes to the judicial practice because of the complicated relationship between the discontinuation of each offender's behavior and the state of the whole joint crime, and that's why exactly the same case would come out with entirely different results. The author comes up with the different conditions of establishing the states of criminal attempt or discontinuation of joint crimes to those who actually involve carrying out specific criminal conduct and to those who do not involve from the point of the elements consist the criminal attempt or discontinuation of joint crimes. Besides, by analyzing the overlapping parts of the criminal states of joint crimes, the author holds the idea that the criminal attempt and discontinuation of joint crimes could coexist, but the completed crime cannot coexist neither with the discontinuation nor with the criminal attempt of joint crimes.