Common Criminal Type Of Thinking

The classification of conspirators is one of the most valuables problems to study in joint crime theories. Because of different law culture, law thought, and the infection of law history, there are plenty disputes in conspirators code on whether it is necessary to classify conspirators and how to classify. Such disputes occur in academic field as well. This article makes analyses on the general Action-division classification method and Function classification method,based on the conclusion of law making process on conspirators classification and clear development on conspirators classification. Taking composition of crime theory as its theory base ,this article analyses the aim of the classification of conspirators. This article reaches a conclusion that Action-division classification method can resolve the adjudge perfectly on narrow sense of accomplices , but it can not resolve the problem of making proper scale of punishment of perpetrator, While Function classification method can realize the aim that even conspirators shall get different punishment ,but it has no sufficient law support when the judges make verdicts on narrow sense of accomplices. Based on this conclusion ,this article airs its comments on the compound classification in Chinese criminal code which takes Action-division classification method as its main principle while Function classification method as its assistance principle. This article holds that ,the classification our criminal code adopts now has the advantages of Function classification method ,at the same time it brings in the relative concept of Action-division classification method .which applies the necessary law theory .However applying both these two methods together on conspirators classification would inevitably rises disorder. Also it inevitably causes logical disorder. Besides the stipulation of the relevant ringleader, accomplice under duress and instigator also possess the not proper point more. Concerning this the author suggests combine the advantages of Action-division classification method and Function classification method and remove the deficiencies of these two methods. First we could divide the conspirators into perpetrator, accessory and instigator according to the constitutive elements of a crime, then divide perpetrator into principle criminal and accessorial criminal according to function-division classification method .Further more the narrow sense of...