On Joint Crime Aborted

The theory about joint crime is called 'the chapter of despair' in the criminal law , and crime determination is the 'golden bridge' of person' s behavior. Joint crime have the complexity, which revises the basic structure of crime.In the world , there are three theories about crime determination of joint crime that are objectivism , subjectivism and compromised doctrine. The objectivism thinks that the joint crime in the narrow sense depends on the completement of the whole crime. The subjectivism thinks that crime determination depends on its behavior, which doesn't depend on others' behavior. In Germany criminal law , the criteria of crime determination is that person make his endevour to stop behavior from the bottom of his heart, and is nothing with result. The compromised doctrine combines together objectivism and subjectivism , and thinks that the crime determination of joint crime depends on eliminating the likeness which person's behavior makes crime . Taking Japanese scholar for example, they put forward the theory called 'separation form joint crime ' . In law system of British and American country, the criteria about crime determination of joint crime is to eliminate influence of oneself s behavior, that is, abettor and assistor's crime determination depends on eliminating the influence of his or her behavior .The theory about crime determination of joint crime is not reasonable in our country , since there is no regulation about crime determination of joint crime in our criminal law , and just adopt the individual crime determination. That is to say , the criteria of crime determination of joint crime is the same as individual crime determination, which includes timeliness, willingness, thoroughliness and validness. The theory about crime determination of joint crime emphasizes overly on the wholeliness of joint crime, validness of crime determination, subordination of joint criminal, and ignores the effort sincerely. That is too strict to encourage criminal prohibit the crime , which is not in accord with the original intention of the crime determination. Chinese scholars illuminates validness in many ways. But it is not reasonable , if one word have different meaning in one definite scope .As is known to all, the present criminal theory is developing to compromise doctrine. Different school learn from each other .So the criteria of crime determination of joint crime should keep trace with the trend of theory about criminal law, that is to say wo should determinate the crime determination of joint crime in terms of the combination of the objectivity and subjectivity.In this article, the author put forward the criteria of crime determination of joint crime through comparing the foreign theory with Chinese theory, which is in the base of 'the relationship between reason and result' . The criteria includes timeliness, willingness and separation, which can alter the theory of crime determination of joint crime that depends on individual crime determination nowadays. Besides, the author studies the application of the criteria about crime determination of joint crime in specific situations.