The Research About Common Principal Offender

On the partition about accomplice type, principal offender is an important category in accomplice theory, while the common principal offender's character have both principal offender and intercommunity, and the problem is more complicated. To make the relevant problem of common principal offender to be sure is necessary.This essay is allotted four parts: Partâ… has carried out analysis on concept and character of common principal offender mainly. Judging from the conceptual boundary of the principal offender, we shoud say the common principal offender is a form that two people or more committee a crime in composing objective aspect mark. To this, I also advocates that we shoudn't make "belonging to the base point being offending kind or belonging to an accomplice kind " to be a debate's existence. Otherwise, we will have no way to be common about the common principal offender . And we ought to explain it as follows: the character of common principal offender is a primo of offending nature and intercommunity. firstly, owning the offending nature has any question; Secondly, intercommunity need to be made a boundary stablely.Partâ…¡additionally rectify the nature and the setting up important condition of the common principal offender. With regard to common, we shoud gather a speaking about part committing a crime commonly. And the setting up important condition ought to be keeped on an objective standard, settle by : (1) the subjective important condition request every behavior person commonly put the joint offense intent and criminal intention connection into practice; (2) the objective important condition requires that every behavior person must practice a part or all of a concrete crime composing's objective behavior.Partâ…¢mainly rectify the form problem of the common principal offender. In the first, the common principal offender have both principal offender charcter and accomplice,while the single-faceted common principal offender and the fault common offender don't fit with the request of accomplice , and the conspiring common principal offende don't fit with the need of principal offender charcter, so the explaining about the above three kinds of forms is not in need. Secondly, about the inactive common principal offender,we need to analysis it concretely and not to affirm or deny that simply. Thirdly, the inheriting common principal offender should put the food into the part cert saying. At last,the result-aggravating common principal offender can only exist in the occasion that actioners hold common deliberation about the essential crime and the aggravative result,and the setting-up of it should be different from the responsibility of aggravative result, even if the arouse of aggravative result is due to fault, the queen untonsured monk and the forerunner should also bear the criminal responsibility of the aggravative result without exception.Partâ…£mainly explain the problem that identity influent the conclusion and the measurement of penalty about common principal offender. At the same time,the punishment-principle should be:the principle of "part behavior with all responsibility"---the extent of liability boundary;the principle of individual responsibility--- concrete responsibility size .