Study On Correspondence Offense

All about the concept of correspondence offense,there are different academic perspectives,the author of this aiticle at correspondence offense be understood more broadly committed.The correspondence offense means the persons who are corresponding sides committed a crime,and at least one side should be punished by criminal law.The correspondence offense is divided as each other with the same crime, each other with the different crime and only one penalty three types to discuss in this article.Theoretical circles of China's criminal law put correspondence offense in notwendige teilnahem in a long period of time,This article doubt the view of the correspondence offense must be the notwendige teilnahem from criminal law theory and the provisions of China's criminal law,and that correspondence offense of notwendige teilnahem should apply to the general principle of the criminal law about accomplice. Competing behavior of surrender and meritorious service about correspondence offense of each other with the different crime,this article consides that can be evaluated only once. This article sticks the basic principles of statutory crime regarding qualitative of impunity party'behavior in correspondence offense only one penalty,and that practice of punishing impunity party with accomplice blindly is not desirable.besides,this article also talk over the problem of the same charges of correspondence offense,the problem of crime of impunity party'behavior as well as the problem of rationality of related judicial interpretation.