Fundamental Problems Of Joint Principal Offender

The article is divided five parts except introduction:The first part: The prevue of joint principal offenders. This part introduced the concept and nature of joint principal offenders, the establishment conditions of joint principal offenders and the standard of judging joint principal offenders. Joint principal offenders is more than two persons who have the action of execution in the same crime. It is a type of joint crime in essence. According to the joint crime theory, the subjective elements of joint principal offenders require persons have the criminal intent each other and the objective elements of it require persons have the act of execution hi crime. Formal objective standard requires joint principal offenders must be the persons who have the action of execution prescribed in specific provisions of criminal law. It should be regarded as a kind of rational theory to carry out the principle of a legally prescribed punishment for a specified crimeThe second part: The pattern of incompleteness of joint principal offenders' crime. This part introduces the question of attempt and discontinuance of joint principal offenders' crime. As for the attempt of joint principal offenders' crime, according to the principle of "partly action being responsible for the whole action", whether in personal offence such as joint breakout and rape by turn or in the other joint crimes, all joint principal offenders should be responsible for the whole crime as long as one of them accomplish the crime. As to discontinuance of joint principal offenders' crime, it should take the viewpoint of breaking away from joint principal offenders as its establishment conditions. In the course of joint crime, if some persons eliminate theirinfluence on the other joint principal offenders and break away from them, they should not be responsible for the subsequent result of other joint principal offenders and their action belong to discontinuance of joint principal offenders' crime.The third part: Joint principal offenders and the error of cognition. This part introduces the error of cognition in law and fact of joint principal offenders. The error of cognition in law of joint principal offenders neither change the legal nature of offender's behavior nor influence on the appraisal on the law of offender's behavior. On the contrary, if joint principal offenders' error of cognition in law is as a result of the error of cognition in social harmfulness, the person's intention of offence should be excluded. Joint principal offenders' error of cognition in fact can be divided into the error in the same constitution of a crime and the error in different constitution of a crime. When the error is taken in the same constitution of a crime, the offenders should be sentenced as accomplishment of a crime premeditated according to the view of accordance in law. When the error is taken in the different constitution of a crime, whether the offenders' ideas are identical, the intention of joint principal offenders should be acknowledged in overlap of different constitutions of crime according to the view of accordance in law.The fourth part: Joint principal offenders and identity. This part introduces the identity's influence on conviction and punishment of joint principal offenders. The person who hasn't certain identity can not complete what the person who has certain identity does in crime, but he can complete part action of execution. For this reason, the person who hasn't certain identity and the one who has certain identity canbecome joint principal offenders. For the conviction of joint principal offenders, the view of special identity should be insisted. When the person who has certain identity and the one who has not certain identity jointly commit a crime, the person who har, certain identity determines the conviction of the crime. When the identity influences on criminal liability, the influence on punishment is only suitable for the person having certain identity.The fifth part: The legislative amendment of joint principal offender. T...