The Research On The Conviction Of Joint Crime Including Mixed Subjects

According to the theory of china's Criminal Law, A joint crime refers to an intentional crime committed by two or more persons jointly. And the identity crime is also an important category of criminal jurisprudence. Identity crime on criminal law (or called the specific identity of a behavior-conductor) refers to the given title, status or condition which are personally processed and formed spontaneously or legally. Generally speaking, identity crime should be conducted by behavioral offender who has specific identification. Or it is a situation under which people who has specific identity committed crime can be given a lighter or heavier punishment. It is also can be described as a crime in which specific identification qua constitutive requirement or basis of the standard of penalty.The special identification sometimes works on the conviction of joint crime, also the crime in natural and the measurement of punishment. While the joint criminals are responsible for the same specific crime, it doesn't exclude the possibility of different constitutive requirement of each joint offender. So, there comes along a situational complexity—the same crime, the different constitutive requirement—and research on joint crime and special subject has great value.After analyzing some provisions in outline of the criminal law of other countries and regions (which specifically stipulate the convictions and measurements of this problem) and ours penal theory, I think we should concern on the problem of the combination of the two theories—the theory of identity crime and the theory of joint crime. Those who haven't specific identities can also be the accomplices of identity offenders. Though offenders divide the work and everyone's work is different, there is one thing in common—everyone's behavior fells on the identity crime and constitutes an undivided part to the whole criminality. Therefore, these people should be considered accomplices in an identity crime. German scholar karl Binking's theory of Opposite Valuable Behavior could be used for reference for it. According to this theory, a certain ones identity can be extended to the whole in a joint crime. When some conductors' behavior violate the interests the criminal law protect, the whole can be considered identity criminals as long as there is no less than one whose behavior constitutes identity crime. The nature of a joint crime including the real identity offenders and non-identity offenders is swayed with the behavior of identity criminals. According to this principle, the conviction of accomplice should be subjected to the nature of crime, the non-identity offenders should be convicted in terms of the crime which the identity offender committed. And in the joint crime there are all identity offenders, the conviction should be in terms of the principle's behavior or on the basis of the theory of quantity of crime.