Inheritance Of Common Principal Offender

As for the summarization of successive accomplice perpetrator, it primarily comprises three sections. The first section is to make a definition of successive accomplice perpetrator by making sure the conception of this subject, discussing the meaning of its existing and the presentation of this conception from the scholars in China and foreign countries. The conception of successive accomplice perpetrator points to the first doer has already come in effect before the corpus delicti has been finished, the second doer acquaints the first doer's situation, with the intention of being joint crime to perpetrator on the rest of corpus delicti, and finishes the rest of joint crime by himself or works out with the first doer together. The second section is about the characteristic of successive accomplice perpetrator, which is one of the independent crimes mainly for the successive accomplice perpetrator itself has some distinguishing characteristics that couldn't be included by other crime configuration. Successive accomplice perpetrator is one of special crime configurations based on its characteristic, and its characteristics consist of the following aspects. The premise of successive accomplice perpetrator's existing is the perpetrator onset, the possibility for the second doer to participate before the whole crime has been finished, the actus reus occurs on the outset of perpetrator and before the whole crime is finished, the second doer to finish the joint crime by himself or to work out with the first doer together. The third section is the classification of successive accomplice perpetrator. Based on different characteristics to classify the successive accomplice perpetrator, we hope to make a full understanding of the fraction and the whole accomplice crime. By different classification norms, it can be classified by the followings: successive accomplice perpetrator can be divided into the successive accomplice perpetrator of the same crime and the successive accomplice perpetrator of the transferred crime according to whether the criminal characteristic is the same after the second doer takes part in the crime; it can be divided into the successive accomplice perpetrator of the same perpetrator and the several perpetrator based on the relationship between the former perpetrator and the latter perpetrator after the second doer takes part in; it can be divided into action and omission successive accomplice perpetrator based on the action behavior after the second doer takes part in; it can be divided into the second doer has some cognition of the first doer and he hasn't any cognition of the first doer after the second doer takes part in.After making a discussion of the basic issue of the successive accomplice perpetrator, it's necessary to continue the further studying of the theories of the successive accomplice perpetrator and to make an evaluation. There are exiting affirmation, negativity and limited negativity viewpoints among scholars. By analyzing and evaluating these three viewpoints. As for the scope of liability ,firstly ,we take it for granted that the second doer shouldn't take any responsibility for the first doer's action and result, the exceptional situation is if the second doer not only recognized the first doer's action and result, but also had some effect the first doer's action, what's more the second doer with the positive intention to make use of it and put into use as meaning, only in this case both the first doer and the second doer could be committed with the successive accomplice perpetrator in the whole crime.As for the scope of confirmation of successive accomplice perpetrator's accusal characteristic and its liability, this part primarily includes the following contexts. There are the conformation of successive accomplice perpetrator and taking responsibility of successive accomplice perpetrator. The scope of liability of continued offense and the aggregated consequential offense, the scope liability of integrated offense and implicated offense. As for successive accomplice perpetrator, we take it for granted that the first doer and the second doer should be committed with the same crime, as for the criminal responsibility, it should base on the cognition context of the second doer to confirm the scope liability of constituting successive accomplice perpetrator. If he hadn't any idea before taking part in, it couldn't be committed to be a successive accomplice perpetrator for the whole crime, but if he had some idea about the first doer and taken use of it, he could be committed to be successive accomplice perpetrator and should take the responsibility of the whole crime, but if the first doer's action was out of the general constitution of crime, the second doer needn't take any responsibility for the first doer's action and result.And in the aspect of the cognition of successive accomplice perpetrator, it mainly discusses the relationship between successive accomplice perpetrator and the belief mistake, the successive accomplice perpetrator and the one-sided accomplice crime, the excluding application of successive accomplice perpetrator.