Research On Aggravated Punishment Of Joint Offense

Joint offense is provided with diversity, complexity and severity of infringement and aggravating constitution is a special form of crime which is frequently stipulated in criminal law, the combination of which is the difficulty in research and application of criminal law. Research of the difficulty is of significant meaning for accurate conviction and sentencing criterion. Aggravating constitution of joint offense is provided with the normal features of joint offense and aggravating constitution. However, as far as the special per se characteristic is concerned, the criminal law circles did few systematic researches on it, which is a pity of the theory of criminal law. This article, beginning from the basic theory of the aggravating constitution, emphasizes the specific application of aggravating constitution under different circumstances of joint offense in order to explore the legal philosophy of aggravating constitution of joint offense. In the end, it is expected that the judicatory circles and legislators shall conduct prudential treatment with and comprehensive study on aggravating constitution of joint offense in order to consummate relevant provisions thereof and be accurately applied in practice to further achieve the function and value of criminal law.