Research On The Unaccomplished Formation Of Joint Crime

The unaccomplished formation of joint crime is a cross theory concerned with both the theory of joint crime and the theory of criminal formation. Although the joint crime is common in practice, but it's difficult for us to analyze and judge the criminal formation of each joint offenders . The criminal law of our country only stipulates the individual accomplished and unaccomplished offence , so if we say that joint crime is the first correction of criminal composition , then the unaccomplished formation of joint crime is the second correction of criminal composition .The theory of joint crime is one of the most complicated theory , at the same time the unaccomplished formation has it's own complex ,so the unaccomplished formation of joint crime is more complicated because of the plural main bodies , various development of the crime, independence and accessory of each offender. But this problem is out regulated by special legislature, so there is always various opinions in academic circle.This paper combines from the stipulate of joint crime and unaccomplished formation of offence in our criminal law and refers to foreign penal codes and criminal theories , makes some research on how to correctly judge the problem of unaccomplished formation of joint crime in practice. The paper fist summarizes the concept and features of joint crime and unaccomplished formation offence, and on this base summarizes the concept and features of unaccomplished formation of joint crime, then through analyzing it's complex reveals the value of study this issue.