On The Unfinished State Of Common Crime

The unaccomplished formation of joint crime is a cross theory concerned with both the theory of joint crime and the theory of criminal formation. Although the joint crime is common in practice, but it's difficult for us to analyze and judge the criminal formation of each joint offenders . The criminal law of our country only stipulates the individual accomplished and unaccomplished offence , so if we say that joint crime is the first correction of criminal composition , then the unaccomplished formation of joint crime is the second correction of criminal composition .The theory of joint crime is one of the most complicated theory , at the same time the unaccomplished formation has it's own complex ,so the unaccomplished formation of joint crime is more complicated because of the plural main bodies , various development of the crime, independence and accessory of each offender. But this problem is out regulated by special legislature, so there is always various opinions in academic circle. This paper combines from the stipulate of joint crime and unaccomplished formation of offence in our criminal law and refers to foreign penal codes and criminal theories , makes some research on how to correctly judge the problem of unaccomplished formation of joint crime in practice. The paper fist summarizes the concept and features of joint crime and unaccomplished formation offence, and on this base summarizes the concept and features of unaccomplished formation of joint crime, then through analyzing it's complex reveals the value of study this issue. By enumerate the three cognizance principles of joint criminal, which conclude the principle of part commission assume whole liability; assistant behavior depends on excessive behavior and distinguish treatment, the paper paves the way for concretely analyze the cognizant standard of each unaccomplished formation of joint crime. Then the paper analyzes calculated crime, inchoate crime ,and discontinuance of crime, these three unaccomplished formations of joint crime one by one .In every kind of unaccomplished formations of joint crime ,the paper first summarizes it's concept and features, then analyzes the compose essential of executors, organizors, accessories and instigators in this accomplished formation, at last analyzes one major controversial issue in academic circles . In calculated crime of joint crime, the paper discusses on the relationship between collusion without perpetration and calculated crime and points out that the person who only colludes but does not perpetrate belongs to co-offender and usually not belongs to co-principal offender. But we shall not always cognize these offenders to be calculated criminal ,we shall analyze their criminal formations combining the concrete situation . In inchoate crime the paper discusses the problem that if the inchoate offender and accomplished offender can co-exist in co-prinicipal offender and points out that in this situation, once one of the co-principal offenders accomplishes a crime ,the others can not be inchoate offender , because even the actor does not realize his own purpose ,but he has causation with the whole consequance so that he should be charged with responsibility . In discontinuance of crime , the paper points out the present institution in our criminal law is not reasonable enough and think it's necessary for us to establish the clause of breaking away from the joint criminal relations . So this paper does some research on unaccomplished formation of joint crime from two aspects of theory and practice .