Research On Omission Coprincipal

Omission coprincipal means two or more people are based on common criminal intention, implementing a common criminal in the way of omission.The precondition for the establishment of omission coprincipal is that the offense which is implement by two or more persons in the way of omission should be able to act by the way of omission objectively. Chinese scholars generally believe that,the subjective conditions for the establishment of omission coprincipal are the idea of practicing the crime together. The objective conditions for the establishment of omission coprincipal are the facts of practice together. To establish this crime, three constitutes are indispensable.As for the idiographic scope of the crime,omission together with omission and omission together with act all could form the coprincipal.But only feasance duties are the sameness,could the plural omission offender constitute omission coprincipal.And only the omission offender, who burden the protective duties together with the act offender, could he constitute omission coprincipal.According to different standard, this criminal can be categorized to this criminal pattern:pure omission coprincipal and impure omission coprincipal,single-type omission coprincipal and mixed-type omission coprincipal.The criminal responsibility scope of omission coprincipal and the determination principles,which are judged by the theory of "partial joint offence" and the elucidation of the omission coprincipal's intercommunity. The omission principal offenders are not only to be responsible for their actions,but also for the common criminal acts.When omission principal offenders make factual mistakes or mistakes of law, the criminal responsibility is different.