| A joint crime is a formation of criminal pattern that is familiar and complex. It has a characteristic of multiplicity of the subject. With the development of the society and the day by day detailed division of labor, the occurring rate of this cooperative pattern of crime is increasing. Furthermore, the multiplicity of criminal subject has not only led to the diversity and complexity of an incomplete formation of joint crime but also led to the complexity of the relationship between criminals of the incomplete formation of crimes and other accomplices of joint crimes. As a consequence, theoretically speaking, a research of an intersectional form between a joint crime and an incomplete formation of joint crime has become important. Besides, the comparatively fewer regulations on intersectional form in criminal law in China concerning joint crimes and the incompleteness of a crime, bring great difficulties for an actual trial. From all these, in this thesis, the research of the intersectional form between the above two is developed by taking joint crimes as a transverse coordinate, incomplete joint crimes as a longitudinal coordinate and judicial practices as the point of view.The thesis is divided into four parts. In the first part, general theoretical matters on the intersectional form between joint crimes and incomplete joint crimes, the complexity of the matters and the research value on these matters are discussed. Both the definitions of the formations, including a joint crime and an incomplete joint crime and the definition and scope of their intersectional form are mainly discussed. And meanwhile, through the research and discussion on current provisions of the criminal law in China and the summarization of the current judicial situation, a conclusion that the intersectional form between the above two formations has great characteristics of complexity and research value is drawn. In the second part, the intersection between joint crimes and crime preparations is dealt with, and four units are included. The first unit is the intersection between joint- perpetrators and preparation for a crime. Two circumstances are mainly discussed in the unit: the first one is that criminal behaviors of joint-perpetrators are stopped in the stage of crime preparation; the second one is that criminal behaviors of some principal offenders are not stopped in the stage of crime preparation but develop into the stage of practice, and we then return to research the problems existing in the preparation stage. In this unit, the core problem is whether a preparatory crime forms a joint crime. In this thesis, two view points are put forward-one is affirmative while the other is negative, and the author's idea about the two view points are provided. After that, on the basis of judicial practice, the difficulties and solutions on the conviction of this crime and its measurement of penalty are discussed. The second unit is the intersection of instigators and preparations for crimes. In this thesis, the two probable types with intersection are listed, and the three opinions in Japanese academic circles are listed as well, including the opinions of no-penalty, penalty and the compromise. For the above three opinions, the author's own opinion is put forward from the point of view concerning the value orientation of criminal law, the author thinks that, from the aspects of its value orientation and judicial practice, the preparation for a crime of an instigator should not be punished. The third unit is about organizing criminals and the preparations for the crime. In this unit, the particularity of organizing criminals is discussed first in the thesis, then, to the situation that organizing criminals have finished the organizing behaviors while joint- perpetrators have not entered into the stage of practice, two opinions in the academic circles are listed, and after that, the author's own opinion on the above two ideas is provided. After that, according to the differences of types between a general organizing criminal and an organizing criminal belongs to a criminal group, the peculiarities of an organizing criminal belongs to a criminal group and its relationship with the preparation for a crime are discussed and meanwhile the author's own opinion is put forward. The fourth part is about accomplices and the preparation for a crime. Three types are divided by the author firstly-assistance before crimes, assistance in crimes and assistance after crimes, and the intersection with the preparation for the crimes are discussed on the basis of it, and different opinions in the academic circles are listed while the author's own opinion is put forward from judicial practice point of view. In the third part of this thesis, the intersection between joint crimes and terminations of crimes is mainly discussed. From the point of view concerning the elimination of cause force, the matter of the conviction on discontinuation of a part of criminals is discussed. After that, the different understandings in the criminal legal circles of Germany, Taiwan and Main Land China on this matter are listed and the author's own opinion is put forward on this basis. The second unit is about instigators and the discontinuation of the crimes. Firstly, three different opinions are put forward in the academic circles and the author's own opinion that without behaviors of the instigators'actively saving the consequences, no discontinuations of instigations is provided. Then, the Russian provision that to report to the organ of power is illustrated, and the advantages of this legislation is affirmed. The third unit is about organizing criminals and the discontinuation of the crimes. Firstly, three types of organizing criminals are listed, and their different applications are discussed and based on the dissolution of a criminal group, the discontinuation of a organizing crime is all roundly illustrated, and then organizing criminals with combined punishment for more than one crime provided in the criminal law are briefly discussed The fourth unit is about accomplices and the discontinuation of the crimes. According to the differences of the stages of which the assistances lies, all intersectional forms between compliances and the discontinuation of crimes are discussed and the author's own opinion is thus put forward. In the fourth part, the matter of the intersection between joint crimes and attempted crimes is put forward. In its first unit, the intersection between a joint principal offender and an attempted crime is mainly discussed. The content of the unit begins with the three factors. Then, based on the differences between consequential offences and behavioral offences, the attempted form is discussed and the author's own idea is proposed. The second unit is about organizing criminals and the attempted crimes. A discussion is developed on the intersection between different types of organizing criminals and the attempted crimes, various opinions in academic circles are listed, and then the author's own opinion is proposed, and at the same time, the matter on organizing criminals of attempted crimes is briefly discussed. The third unit is about instigators and the attempted crimes. Firstly, the three theories in the academic circles are discussed: the theory of joint crime dependency, the theory of joint crime independency and the theory of duality. Then, the author's own opinion is proposed from the aspect of judicial practice, the attempt of solicitation is divided into three parts-failure of solicitation, failure of means and indirect solicitation. The fourth unit is about accomplices and the attempted crimes. In the unit, the three kinds of definitions are explained and analyzed and their relationship with the attempted crimes is discussed on this basis, and beginning with the relationship between the termination forms and the attempted crimes of accomplices, the conviction of the different intersectional forms is discussed, and then the author's own opinion is put forward concerning the two different opinions in the academic circles.
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