A Study On The Common Principal Offender

The theory of Joint Principal Offender is an important component of the theory of criminal law. In the Continental Legal System nationality,example,Germany,Japan and Taiwan Province of China, the Joint Principal Offender is a statutable accomplice type and the study of Joint Principal Offender for these nationality and section is also very thorough.But in the our country mainland, the general don't use Joint Principal Offender of the theory of criminal law boundary , but calls it as the common execution commit.This article in draw lessons from the theory of criminal law of Germany,Japan and Taiwan Province of China, this thesis tries to make a systematic expatiation to the relative issues of Joint Principal Offender on the basis of the examination of its history development and current situation.This article,about 50,000 words, is divided six parts besides the introduction and the conclusion as follows:The first part:The Joint Principal Offender generality.Firstly,the author rectifies on the theory and legislation of Joint Principal Offender in the Continental Legal System,Anglo-American Legal System,and Taiwan Province.Secondly,rectifies the concept of Joint Principal Offender, the scholar have the Joint Principal Offender as a type of criminal, the scholar apprehends the Joint Principal Offender as one person of criminal, and distinguish to give a definition for the Joint Principal Offender.The author agree the first , think that the Joint Principal Offender means the circumstance that two or more peoples practice the constitution of crime objective aspects of the criminal law specific provisions abearance.Thirdly, rectifies the character of Joint Principal Offender. Joint Principal Offender is a kind of principal offender, or a kind of accomplice, the criminal law of Germany,Japan is entirely different.There is standpoint thinking that the Joint Principal Offender is a principal offender, there is standpoint think the Joint Principal Offender is an accomplice, also have standpoint to think Joint Principal Offender as a principal offender and an accomplice.The author thinks it a principal offender, also it is an accomplice.Fourthly,rectifies the essence of Joint Principal Offender.The second part:The conception and constitution of Joint Principal Offender. Firstly, this part rectifies the conception of Joint Principal Offender. Secondly,rectifies the constitution of Joint Principal Offender,that is establish of Joint Principal Offender the requirement contain subjective condition and Objective condition .The third part:The type of Joint Principal Offender.The part rectifies Collude Joint Principal Offender, Unilateral Joint Principal Offender, Negligence of Joint Principal Offender, the Consequential Aggravated Criminal of Joint Principal Offender, Successive Joint Principal Offender.The fourth part: The definition of Joint Principal Offender. Firstly,rectifies Joint Principal Offender and the Status, The status is the personal factors of the creation influence to the crime or the penalty,is divided into the positive status and negative status.The efficiency of who have the crime status be given a heavier,to aggravate punishment,or be given a lighter, mitigated punishment or be exempted from punishment, whether affects the person who don't have no the crime status,should judge to whether exploiting the status.Secondly,rectifies Joint Principal Offender and falses, it is not collude in between collusive contents and execution commit.It exists three types:the false in the same constitution, the false in different constitution and the false in the Consequential Aggravated Criminal.Thirdly,rectifies the withdraw from the Joint Principal Offender.It exists two kinds of circumstances.There is necessary that China seceds into the theory of Joint Principal Offender.The fifth part:The penalty of Joint Principal Offender. This part rectifies the penalty of Joint Principal Offender in China and other nations.The sixth part:The legislation of Joint Principal Offender. This part draws lessons from the theory of Continental Legal System nationality and Taiwan Province of China, according to these nationality and section of criminal provision, Suggests our country amend the criminal law.