On The Completion Of Forms Of Common Crime

The joint crime is a complicated social phenomenon, from the perspective of its constitution; there are special formation in structure and complex stage in the process. The intentioned crime, whose specialty gives expression to the composition of crime constitution, that is, by a token of affection contact several conductors, who achieve the criminal age and the penal responsibility ability, carry out a certain concrete crime jointly regulated by the criminal law and in the end violate the particular social relationships protected by the criminal law. Compared with the crime constitution formation referring to the single crime subject, there are great difference in constitutional key element structure and the whose capacity, on the other hand, in the course of joint crime, influenced and bounded by various factors, and then the crime forms different expression formation and outcome, which is know as the unaccomplished formation of joint crime, The criminal law of our country only stipulates the individual accomplished and unaccomplished offence and also the whose regulations of the criminal laws only stipulates the unaccomplished formation of single crime, so if we say the joint crime is the first correction of the crime composition, then the unaccomplished formation of joint crime is the second correction of criminal composition.The unaccomplished formation of joint crime is a cross theory connected with both the theory of joint crime and the theory of criminal formation. As the same time, the unaccomplished formation has its owe 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. Because this problem is out regulated jointly by the criminal law in our country, it is always the deadly important assign topic in academic and enteric circles. This paper combines formation of joint crime and refers to foreign penal codes and criminal theories, makes research on how to correctly judge the problem of unaccomplished formationof joint crime in practice. The paper is composed of four parts.For the first part, the paper first summarizes the concept and features of joint crime and unaccomplished formation offence, and the division of labor implemented by the joint criminals, at the same time, the paper paves the way for concretely analyze the cognizant standard of each unaccomplished formation of joint crime.Besides, according to the division of labor of joint crime, the paper analyzes the compose essential of executors, organizers, accessories and instigators in the unaccomplished formation, then analyzes the major controversial issue in accomplish and entry circles and puts forward the suggestion. In the calculated crime of instigators, the paper discuss on two cases about calculated instigations and instigated criminals, the paper analyzes collusion without perpetration and provides the solution.Furthermore, the paper describes the discontinuance of crime, by the effective believed standard, it analyzes several perspectives existed in academic circle and points out the present institution in our criminal law is hot reasonable enough, then the paper particularly analyzes the discontinuance of crimes referring to executors, organizers, accessories and instigators respectively.Consequently, i.e. the fourth part, the paper mainly discusses the inchoate crime. In the process of the inchoate crime, the paper discusses the problems that if the inchoate offender and accomplished offender can coexist in co-principal offenders in the occasion concerning rape and success in escaping criminals and so on. When touching upon the inchoate crime of instigators, the paper analyzes the feature of instigate attempted, and points out its not scientific involving instigators stipulated by the 29th item, the criminal law of our country.