Research Into Two Knotty Problems On Common Crime

The common crime is one of more complex crime forms. Our law does not explicitly stipulate the common crime implemented beyond limit and the common crime stop shape question,, which results in different views on the identical question and different processing to the same case. This article has made a more systematic elaboration on the common crime implements and the common crime stop shape question on the basis of other research. This article is divided into three parts, The main points are as follows:The first part of the article has made the elaboration on the basic questions such as common crime concept, important conditions and classification.The second part is about the common crime implemented beyond limit. After that it classifies the common intention and the common crime implemented beyond limit according to different standards. At the same time, this article probes into its recognizing and the legal responsibilityThe third part of the article has carried on the elaboration on the common crime stop shape. Then it has enumerated two contradictory views on whether many kinds of stop shape are coexisting in the common crime. After that the article elaborates on the possibilities that many kinds of stop shape are coexisting. In the common crime stop shape, the common crime attempted, stops and with stops being separated from which the concerned accomplice relates are the most important also the most essential two questions, therefore, in this part, this article has emphatically carried on the elaboration . In common crime attempted one, to the common principal offender, the abettor, the help violated separately with the organization violates attempted are elaborated. This article has examined the present situation of overseas legislation on common crime stop, and enumerated seven viewpoints from theorists circle that in the common crime, what requirement enable the individual criminal who stops the crime stemming from own will to be recognized as stops . In addition, valid important conditions are proposed that common crime person who wants to establish the crime to stop must satisfy the conditions that independent crime stopsThe establishment of the common crime stops has the strict conditions, and some common crime persons on subjective stop the crime intentionally, and also implement the stops but do not achieve valid standard of the crime stopped, consequently could not be recognized as stops. In order to atone the insufficiency for the common crime stop, some scholars proposed the theory in which accomplice was separated. In this part, this article first examined the theory by the Japanese scholar BigTomb Kernel that the accomplice is separated, then elaborates the significance in theory and practice . In the elaboration on standard which the accomplice is separated, according to different viewpoints from overseas theorists the article elaborates timeliness, the automatism, the thorough standard to the common crime .In the final part, this article also relates the penal regulations to the accomplice which is separated on the basis of others research .