"conspiracy Without The" Basic Research

"Conspiracy without practice" is the behavioral situation of having collusion and not putting it into practice, and a pure conspiracy separating from practice. If are the only principals those who have had objective practical conduct? Whether can conspirators without practice only be offenders who organize criminal group, instigators ,accessories? Or perhaps be principals? How is conspiracy separating from practice judged by the law? Is it criminal intent, preparation for a crime, practical conduct? Or not offense? The text will circle the above questions.Besides the preface, this text still includes four parts.The first part: the meaning, characteristic and types of conspiracy without practice. Conspiracy without practice is the behavioral situation in which two or more people reached agreement on certain crime ,but all or some didn't put it into practice, or two or more people reached agreement on certain conduct ,but didn't put it into practice. Its characteristic includes three factors. Firstly, the subject of conspiracy without practice is two or more, in which there is at least one participant who has criminal capability, and others must have norm consciousness ability. Secondly, participants reached agreement on certain crime but didn't practice. Thirdly, participants' purpose is to make certain practical conduct, or to practical certain conduct ruled by the criminal law. According to different various standards, conspiracy without practice can be divided into independent conspiracy without practice and subjective conspiracy without practice , conspiracy without practice for one's own and conspiracy without practice for other people, conspiracy without practice of whole participants and conspiracy without practice of partial participants.The second part: conspiracy without practice and principals or accomplices. This part analyses whether and how to divide participants into principals, offenders who organize criminal group, instigators, and accessories. Having analyzed variouskinds of theory, I think conspirator without practice can be divided into principals, offenders who organize criminal group, instigators, and accessories. Haring analyzed "the viewpoint of the common meaning subject" and other theories, I think conspirator without practice can belong to each kind of principals, offenders who organize criminal group, instigators and accessories.The third part: conspiracy without practice of whole participants. Conspiracy without practice of whole participants is the behavioral situation, in which none practice after conspiracy, which is further divided into conspiracy without practice of principal type and conspiracy without practice of accomplice type. I think two or more people who conspired to organize crime group, assist crime, instigate crime but didn't practice conspiracy, can't be judged to be offenders. Two or more people who conspired to do practical conduct, should be judged as preparation for a crime, except the abetted without farther conspiracy after abetment.The forth part: conspiracy without practice of partial participants, conspiracy without practice of partial participants is the behavioral situation, in which some of conspirators had practical conduct and others didn't. It is further divided into conspiracy without practice for reasons independent of one's will and conspiracy without practice for reasons dependent on one's will. Considering various kinds of standpoints, I think ,if partial participants had no practical conduct, while others did but didn't accomplish offense, conspirators without practice for reasons independent of one's will should be judged to unaccomplished offenders. If partial principals didn't accomplish offense and actively eliminated mental and physical influence of their precedent act on joint offense, or give up offense and inform principals before principals accomplished offense, on condition that the precedent act of conspirators without practice had no essential influence on joint offense, conspiracy without practice should be judged to be discontinuation of a crime. If act of conspirators without practice is not in line with the above situation, they are unaccomplished offenders.