The Main Culprit In The Common Crime Research

Joint offence is quite more complicated comparing to single crime. The 1^st clause of 25^tharticle in Criminal Law of PRC states that joint offence refers to two persons commit crimeintentionally together. This definition summarizes the inner nature of joint offence andembodies the unity of subject and object, which provides legal base for combating andpunishing joint offence and sets up the theoretical bases for joint offence research.Criminal jurists of China propose the unity of subject and object of joint offence based on joint offence theory and joint behavior theory, which provides the correct direction to understand the similarity and the concept of joint offence exactly.Civil law countries regard conducting criminals as principal criminals and accessory criminals and abettors as joint offenders. The relationship among joint offenders is principal criminals and joint offenders. Criminal Law of PRC denies the theoretical frame of principal criminals and joint offenders. However, there still exists the difference of conducting criminals according with the requisites to constitute a crime of secondary principals of Criminal Law and non-conducting criminals of general principals of Criminal Law. The non-conducting criminals will be convicted or punished as conducting criminals in terms of the crime constitution theory of amended joint offence.Research on joint offenders mainly focuses on its classification. Joint offenders include two classification standards. One is division of labor classification method according to their different criminal behaviors in joint offence including principal criminals, conducting criminals, abettors and accessory criminals. The other method divides the criminals into principal criminals, accessory offenders and coerced accomplices in terms of their respective function in joint offence. Functional classification method adopted by Criminal Law provides bases for different decision upon punishment and forms the correct classification method of distinguishing joint offence.The scope of principal criminals in Criminal Law includes two arguments. The first opinion states that principal criminals have three specific criminals: chief elements of organized crimes and crowded crimes and prime criminals who play the major role in...