On Basic Problems Of One-side Principle Joint Offender

One-side joint principle offender exists in the social practice and judicial practice in China as a social phenomenon. But there is not a explicit prescription about the crime in criminal law currently. At the same time, it needs to be strengthened in the Chinese theory of criminal law. It is significant to classify one-side joint principle offender in terms of both enriching the theory of joint crime and solving the problems about the conviction and weighing the penalty. In the paper, the author finds resolvations under the criminal law through the study of the basic problems about one-side joint principle offender.The article is divided into three parts:the foreword, main text and conclusion.The foreword is mainly about the appearance of one-side principle joint offender and introduce the necessity of study on the problem.The paper consists of three chapters in order to meet the needs of theoretical study:The first part of main body is a concerning all say of the one-side joint principle offender. One-side joint principle offender exists in the Chinese theory of criminal law. At the subjective aspect, there is the crime in the judicial practice. Actually, the disputes in the theory about one-side joint principle offender can not deny the exist in the judicial practice. At the objective aspect, with the theory of one-side accomplice evolving, one-side accomplice as a typical one-side accomplice is acknowledged by more and more scholars, while great theoretical divergence exists in the one-side joint principle offender. It is a new dispute point about the nature, the determine of guilt, weighing the penalty and so on. Under the evolving of the practice and study, we must strengthen the study on one-side joint principle offender. The concept is the basic problem in the theory. When we go deep into knowledge the concept, we must know that it is taken as a patter of offence in the paper to resolve a kind of crime phenomenon which is determined: the doer has the unilateral intention to practice concert crime of execution behavior with the other one and carries out the concrete crime, but the other square has no knowledge to this.The second part of main body is mainly about the existence of one-side joint principle offender in criminal law in China. The theoretical premise must be clarified before the position of one-side joint principle offender in the criminal law correctly decided. The theoretical premise is the base that the theory establishes in. Under the uniform theoretical base; scholars can go deep into the study. In the theory of crime law, there are four different ideas about the theoretical premise: the theory of crime common, the theory of behavior common, the subject of common meaning, and the principle of the unity between the subjective and objective. According to the theory of crime common, it neglects the difference between one-side principle joint offender and individual crime. There must be mutual contact of meaning between the committing actor, so the idea shortens the range of the principle joint crime. According to the theory of behavior common, as long as the several people contain common criminal offence, they can be thought to be accomplice. The idea broadens the range of the principal joint crime. According to the subject of common meaning, as long as there must exist criminous agreement between the doers in the joint crimes. If the agreement does not exist, the joint crime does not exist. It breaches the fundamental of the joint crimes. According to the principle of the unity between the subjective and objective, it comes from the judicial practice and cognizes the range of joint crimes in reason. According to this theory, joint principal offender is the unity of the common criminal intent and the common criminal conduct. Therefore, only on the basis of the principle of the unity between the subjective and objective, we can draw a scientific conclusion about the nature of the one-side principle joint offender.By criticizing the negative theories in the current theory of criminal law, we prove the existence of one-side principle joint offender in the Chinese theory of criminal laws in another point of view actually. The negative theories can be divided into four different theory: the theory of individual crime, the theory of accessory, the theory of indirect conduct, and the theory of the patulous indirect conduct. According to the theory of individual crime, the theory neglects that one-side principal joint offender has much more personal assault, and in the duplex act offence, the theory of individual crime is half-baked to deal with the phenomenon of one-side principle joint offender. The theory of accessory is used in civil law countries, and falls short of the criminal laws in China. Even if we native it by the criminal laws in China, the theory can not exist in the Chinese theory of criminal laws because of the mixture between the accomplishment conduct and the accessory conduct. The theory of indirect conduct defines one-side principle joint offender as indirect conduct because of the seeming likeness. By all appearances, the theory neglects the difference between one-side principle joint offender and indirect conduct in essence. The theory of the patulous indirect conduct expands the range of indirect conduct to define the nature of one-side principle joint offender. But the revising makes the confusion the types of the responsibility and arouses the needless academic disputes.There is no explicit prescript on one-side principle joint offender in criminal law of China. In theoretical terms,according to the criminal law of China, one-side principle joint offender can be defined as joint crimes. It accords with not only the philosophical general rules, but also the crime constitution of joint crimes in the current criminal law. Firstly, it accords with the general rules of the relation in philosophy. Secondly, on the subject of crime, there are two doers in one-side principle joint offender. But it is the unity of the diversity on the subject of crime and the unilateral on the subject of responsibility. On the crime subjective aspect, one-side principle joint offender is aware of not only the nature and condition of his or her behavior, the consequences, but also the situation of the other square, on the basis of the acknowledge, it holds a hopeful idea towards the realization of constitutive objective element of offence. In a word, the intention liaison is conducted by the one-side principle joint offender. On the objective of crime, the one-side principle joint offender carries out the concrete crime that is ordained in criminal law secretly under the intentional domination of unilateral execution, and makes his own behavior with the behavior of the other unknown square combine together, then makes use of it or add towards the behavior in order to make it be a necessary part of his intention. So the common accomplishment conduct is conducted by the one-side principle joint offender. In a word, the nature of one-side principle joint can be defined as joint crimes.The third part of the main body mainly talks about the reservations of one-side principle joint offender under the current criminal law of China. Because there is no explicit prescription about one-side principle joint offender, the study of one-side principle joint offender is not only a question about theoretical explain and how to regulate in criminal law, but also how to resolve the problem currently. At the theoretical aspect, we can start afresh to understand and explain accomplice in the criminal law on the basis of the principle of crime determined by law to define one-side principle joint offender as joint crimes. It is known to all that the perfection of prescript is the most convenient method. First of all, we must deal with the phenomenon under current criminal law; secondly, it is not the best method currently. We can set afresh to understand accomplice to define one-side principle joint offender as joint crimes. It is the best method now. The unity about theory can orient in the judicial practice. In the judicial practice, how to determine guilt and weigh the penalty must accord with the prescript about joint crimes. To deal with the criminal responsibility of one-side principle joint offender correctly is one aim of the study of the theory of one-side principle joint offender. It conforms to the constitution of joint crimes at the aspect of determining guilty. At the aspect of weighing the penalty, we must follow the principles of solidarity, partial act whole responsibility and individual responsibility.The conclusion is the summary of the paper. The study of one-side principle joint offender indicates that we can deal with the phenomenon as joint crimes at theoretical aspect and judicial practice. It is the turning point of joint crimes and the certain outcome of one-side principle joint offender.