Japanese Criminal Law And The Joint Principal Of The Theoretical Research

In the theory of accomplice in mainland's legal system, accomplice is classified into two types which are broad accomplice and narrow accomplice. In addition, broad accomplice also includes joint-perpetrator, instigator and abettor. Therefore, joint-perpetrator possesses a absolutely important position as a sort of legal accomplice. In some countries include Japan which use mainland's legal system, a lot of scholars begin to research it deeply as well. However, joint-perpetrator is not a sort of accomplice in China, so it is called "perpetrator" instead of joint-perpetrator in legal area. Thus, it retards speed of researching this problem and crop up differences of relevant theory. The content of this article is according to the theory of joint-perpetrator of Japanese criminal law to begin to introduce and discuss deeply about basic theory and morphology of joint-perpetrator in order to construct advantageously the theory of joint-perpetrator in China.There are four sections in this article. The first chapter is a introduction which simply introduce the purpose of research, significance of writing, then explain the purpose of writing that research the theory of joint-perpetrator of Japan, and the significance of research.The second and third chapters are the main body. The content of the second chapter is the fundamental theory of joint-perpetrator which includes four paragraphs. Firstly, it introduces legislation and reform about joint-perpetrator of Japanese criminal law. Secondly, it relates the concept of joint-perpetrator. Moreover, the essence of joint-perpetrator is written in the third section. In the last paragraph, it talks about the basis of punish about joint-perpetrator. Specifically, in the second chapter, it briefly introduces legislation and reform about joint-perpetrator of Japanese criminal law and analyses thoroughly about the theoreticalbackground behind legislation at the beginning.From here, the first part of second chapter is regarded as main background and precondition of the whole article. Subsequently, to understand clearly the concept of accomplice firstly is absolutely necessary if we want to understand the concept of joint-perpetrator. Furthermore, the concept of joint-perpetrator usually can be regarded as that criminal behavior is made by more than two offenders in common. However, does actually the meaning of "in common" be "committing a crime in common" or "criminal behavior in common"? In fact, it discusses the essential problem about issue of accomplice perpetrator, and its theory also concerns the argument between committing a crime in common and criminal behavior in common. There are some new changes and standpoint brought up in recently, although the argument of theory is time-honored.For example, a part of Joint-crime Theory is advocated, the trend of making Joint-action Theory into behavior and so on. All of them need to be explained in detail. And also during the period of the time, these changes and standpoint will concern the historical reform and development of joint-perpetrator about the theory of accomplice of Japan. Thereby, it is smooth to discuss theory of "Part of action, all of responsibility" after determining the definition of "common". Moreover, it also can be regarded as the discussion on the basis of punishment about accomplice perpetrator. Nevertheless, there is a series of problems we should think about. Why should the responsibility of joint-perpetrator be responsible for the responsibility of perpetrator when joint-perpetrator be issued?Is it in conflict with the principle of personal responsibility? Is it a common responsibility or joint responsibility? Personally, it is necessary to study and discuss deeply about these problem as another central part of this article, because the theory of "Part of action, all of responsibility "is mentioned rarely in the legalsystem of China at the moment.The third chapter talks about the morphology of joint-perpetrator. In view of the length, the writer purposely choose three form of joint-perpetrator which are "lopsided accomplice perpetrator ", "conspiracy joint-perpetrator " and "inherit ant joint-perpetrator " to commentary according to the problem of joint-perpetrator at the moment, and introduce how they are issued and opposite theory among them. Although these problem has already been deeply discussed and analyzed in some articles in China, the writer still want to refer to the theoretically argument about the world of criminal law of Japan to introduce the argument of above-mentioned problem and new trends of research, and appropriately quote some example to analyze the background of theory about the problem of joint-perpetrator from practical angle, especially the problem of conspiracy joint-perpetrator.According to example to show opposition in the world of criminal law in Japan at the beginning, then gradually change the attitude of disagreement in the world of theory. Therefore, to quote some example of Japan to explain is significant. In addition, there are systematic introduction about opposite theory in the paragraph of inherit ant accomplice perpetrator. Thus, it has reference value to the world of criminal law of China, because the inherit ant joint-perpetrator has not been carried out deeply in China.The last chapter is conclusion, the whole article is nearly to end. The experience of the theory of joint-perpetrator and practice in Japan can be used for our reference to expose disadvantages about legislation of current criminal law in China, and bring up some suggestion about legislation of accomplice as reference.