Research On Personally Committing Crime

The theory of personally committing crime can stabilize the theoretical framework of principal offender theory and promote the improvement of criminal legislation and solve out the difficult problems in judicial practice. At present the research on the theory of personally committing crime is really few, moreover, the understanding about the theory is disordered. This article takes some elementary theories as a starting point, refers relevant information at home and abroad to induce and to comb the concept of the personally committing crime.Based on this we can find out the theory status of personally committing crime and the reasonable boundary of the personally committing crime with the other related criminal types.Through the above research, I submit finally my views and suggestions about how to improve the legislation and judicial practice.This paper is divided into six parts, about 31000 words:The first part:The source and present situation of personally committing crime. This part outlines the theory origin of personally committing crime-the insufficiency of joint offense theory, caused the establishment of the indirect principal offender concept, the indirect principal offender concept had some questions in the process of explaining identity crime, caused the establishment of personally committing crime.The theory of personally committing crime has become an unavoidable question on the research of principal offender.The criminal law educational world of the mainland legal system which in partial countries and the places has taken the partial charges as the cases of personally committing crime.The second part:The existence value of personally committing crime. From the indirect principal offender concept and personally committing crime concept to be established, it causes the dispute of educational world. In this part we outline and summary the scholar's theory discussion about these two kinds of theories'saving or abandoning, then make dialectical analysis and affirm their existence value.The third part:The concept of personally committing crime. From the concept to be proposed,it has be entrusted with the diverse concept. In this part we make assessment on the diverse concept and make a rational discussion about the concept of personally committing crime which be used in the two hands.The fourth part:The theory status of personally committing crime. The personally committing crime is the important component of principal offender system. German criminal law scholars such as Claus Roxin, Schunemann, Jakobs made the localization about personally committing crime. In this part we outline Claus Roxin, Schunemann, Jakobs'localization theory, point out the insufficiency, and make the new localization.The fifth part:The existence scope of personally committing crime.The concept of personally committing crime to be fuzzy, especially in the processing of identity crime, many scholars equate the two, main purpose of the part to clarify relations between personally committing crime and the related crime forms such as identity crime and so on. The sixth part:The legislation and practice of personally committing crime. In this part we take "apply theory to reality" as a target, with the theory solution to make out problems about escape in the crime, the bribery crime. In a word, the introduction of personally committing crime theory can impetus legislation and solve hard problems correctly in the practice.