Research Into Theory Of Joint Crime

Joint crime is a special form of crime. It can be said to be one of the most complex theories in criminal law. It is concerned with all fields of criminal law science. Therefore, it has been placed at a very important place in criminal research . Because the system of joint criminal theory is very complicated and the contents of which are very large ,to examine all the problems in such a short essay is beyond my ability. I only choose several important problems to do some preliminary research. This essay consists of five chapters, that is ,the concept and classification of joint crime ,the essence of joint crime ,the elements of joint crime, the relationship between parties to joint crime and the conformation and sentencing of joint crime.Chapter one is made up of two sections. The first section examines the Anglo-American system of law and The Continental system of law. Through the comparison of the concepts adopted by different countries, we can see that different countries have different attitude towards joint crime and different conditions. Furthermore the scope of joint crime is also quite different. The second section mainly discusses the classification of joint crime. By classification of joint crime, we can learn that different types of joint crime of which the danger is not the same .We should deal with them in different ways.Chapter two, the essence of joint crime, is divided into three sections. Frankly speaking, the scope of essence joint crime is the basis of joint criminal theory, even we can say it is the logic starting point of joint crime research. Different definitions of essence of joint crime lead to different conclusions towards the same crime phenomenon. In this chapter, we first introduce the traditional theory of essence of joint crime and analyze the advantages and disadvantages of each theory. Then we draw a conclusion that joint crime is several parties to several crimes but the same forms.Chapter three discusses the elements of joint crime, which is rarely examined by criminal world. In this chapter, we discuss the element of subject, the element of object, the element of subjectivity and the element of objectivity. Traditional theory of joint crime often neglects this problem. They often think it is not important for we can just analyze its joint crime as single crime. In fact, joint crime is quite similar to single crime in many ways. But we must recognize that there are still many differences between them. To analyze the elements of joint crime, we can exclude those similar to, but not joint crimes. So we feel it very important to discuss the elements of joint crime.