On The Accomplice Competing

Joint offence superposition refers to a phenomenon of crime in which joint offender during the course of the offence simultaneously meets several forms of joint offence . It not only exists in German and Japanese criminal laws which are classified in division , but also exists in the joint offence theory of China which is mainly classified in role . For different joint offence superposition in different theories , there are divergences in resolving methods and functions . The joint offence superposition in German and Japanese criminal laws seek to select a form of joint offence from all forms which are superposed , so as to convict crimes and assess punishments .Where as the joint offence superposition theory in China only serves to research and find out the different identifications in joint offence and the different roles in joint offence facts of different offenders , then identify whether the joint offenders are major or accessory offenders . The existence of joint offence superposition lies in different kinds of relations in different identifications in joint offence , it takes the theory of identification of joint offence as the premise . So the theory of identification of joint offence is the question which first is worth studying , the rationales the principle and the significance of identification of joint offence are the foundation of this article.This article is divided into four parts, about 36,000 words altogether. This article first briefly introduced the present situation of joint offence superposition , proposed the theory value and practice significance of this theory . Chapter one is the basic ground of joint offence superposition . It clears about the concept . Chapter two with emphasis elaborates its characteristic and the classification, pointing out the accomplice competes regarding to the fundamental research significance . Chapter three first briefly introduced the rationale of joint offence superposition , then the relations with related concept ,for example, overlap of law articles and the imaginative joinder of offenses . Chapter three obtains from the existed situation of joint offence superposition , mainly discussing the different situations of joint offence superposition in German and Japanese with China . The importance of fundamental research is to serve practice , so take this as the foundation , chapter four proposed the applying principle of joint offence superposition.