Total Of Mistakes Theory

This article is divided four parts besides the introduction and the conclusion: First part: The mistake of joint crime basic category cleans up. In this part, the author has mainly limited the mistake of joint crime concept, the characteristic, the significance and the classification, has given a concise explanation to the mistake of joint crime. The author first defines the mistake of joint crime for produces in the common crime process, The joint crime person is inconsistent to the common delinquent account situation subjective understanding with the objective reality. In this foundation, the mistake of joint crime has three characteristics: First, occurs in the common crime process; Second, take the fact mistake as the object; Third, affects various accomplice person's legal responsibility. The mistake of joint crime significance mainly has two, namely: First, affects the joint crime the tenable scope and the joint crime already attempted; Second, affects the different joint criminal's legal responsibility, decided it determines guilt with the discretion of punishment. About the mistake of joint crime classification, the author mainly profits from the Japanese criminal law theory the method, divides into it three kinds, namely: First, in the identical constitution important document the mistake of joint crime and accomplice between the different constitution important document is wrong; Second, the implementation violates the mistake, abettor's mistake and the help offenders mistake; Third, object mistake, method mistake, attack mistake, causal relation mistake.Second part: The mistake of joint crime rationale expounded. In this part, the author first lay between comments had taken the accomplice wrong premise in accomplice theory some theories, proved the partial crimes to mediate the rationality together which the accomplice subordinate theory. Next, the author has carried on the minute as the mistake of joint crime main research object fact mistake question, proposed the understanding mistake and the behavior mistake are two big main contents of the mistake of fact. At the same time, the author also carry on the key inspection to the attack mistake question , proved legally has tallied theory in this question unfairness. Finally, the author carried on the fact mistake and the legal mistake discrimination had expounded that, proposed by the object and the object appraisal which appraised took the discrimination two the standard, meanwhile...