A Study On The Classification Standard Of Conspirators

Joint crime has already drawn a great attention recently; therefore the classification of conspirators is one of the most important problems. While the classification standard is according to the division of labor when commit crime in other countries,a mix classification standard was applied in our country,in which function classification method as main role,and action-division classification method has been taken into consideration. The disputes which is better occur in academic field,without any determined conclusion. As a matter of factor,the former standard is fact judgment,and the later one is value judgement,and neither of them is superior. There ie no wrong but improper theory if carried it out in a inconsistent system. In a word,only practicing and evaluating them in a real system can differentiate judge and choose the right theory and standard. Therefore,the objective of the thesis is to discuss the reasons for the mix classification standard utilized in our country on the basis of comparison of these two standards and description of law fact system at present,by which can benefit to solve the inconsistent between the classification standard and fact system in our country. There are six parts and about 30,000 words in this article.Part one:Introduction. Introduce the meaning of conspirators'classification, and drawn a brief conclusion to this dispute in order to emphasize the importantance and angle of our study.Part two:The summary of conspirators'classification.To study on the theory of conspirators'classification and the law legislation, then to conclude the two classification on standards:action-division classification method and function classification method.Part three:A comparative study on the action-division classification and function classification standards. Generally speaking, action-division classification method can resolve the adjudge perfectly on narrow sense of accomplices, but it can not resolve the problem of making proper scale of punishment of perpetrator, While function classification method can realize the aim that even conspirators shall get different punishment,but it has no suffieient law support when the judges make verdicts on narrow sense of accomplices.Part four:To introduce the origin of conspirators'classification,and to explain and evaluation thereafter how the mix standard applied in the codes. The classification our criminal code adopts now has the advantages of function classification method,at the same time it brings in the relative concept of action-division method,which applies the necessary law theory. But it all has some shortages,of them, the most one is that it is inconsistent with the fact system of composition of crime theories.Part five:To explain the reason for application of action-division classification method from the aspect of composition of crime and according to the introduction and evaluation of multiply suggestion. The accurate fact expression is necessary for both of the "composition of crime" and "a legally prescribed punishment for a specified crime". The composition of crime is the core of the modern criminal law system,and the legally prescribed punishment for a specified crime is the principle. action-division classification standard indicates clearly the role and the activity of the conspirators in the commit crime,and it is the process of fact judgement. As a result, the action-division classification standard is good for the maintenance of composition of crime system at present.Part six:Conclusion. We proposed the suggestion for law legislation on the elaboration of the above all theories.