Joint Principal Offender Attempted

Joint crime is a common crime, and is also a complex social phenomenon, which has diversity and complexity. The issue of criminal formation of joint crime has been discussed by criminal law scholars for years. In view of the complexity of the theory of joint crime and the space lacks, this article only selects the issue of attempted formation of joint principal offense which is a side of the theory of joint crime to discuss. The attempted formation of joint principal offense is the second correction of criminal composition, which contains two concepts, that one is joint principal offense, the other is attempted crime. So we can imagine the complexity of it. This article is divided into four major parts except introduction in order to study the related issues of the attempted formation of joint principal offense systematically.The first part is the basic theory of joint principal offense, which mainly analyzes the meaning and the characters of joint principal offense. First, this part elaborates the definition of joint principal offense which is based on the legislations of various countries and the different opinions of scholars. Joint principal offense is a crime formation that more than two people who actualize the objective aspects of the concrete crime constitute together. Second, this part identifies the characters of joint principal offense by analyzing the different points such as the point of principal offense, accomplice and compromise. Then the author believes the point of principal offense that joint principal offense is a kind of principal offense which has the characters of principal offense.The second part is the characters of attempted formation of joint principal offense. This part is based on the characters of attempted formation of single principal offense. First, this part probes into the methods of judging the beginning of attempted formation of joint principal offense and its unique. From the author's viewpoint, one person's behavior can determine all people, that if one person starts to commit the crime, the whole is beginning. Second, this part probes into the failure of together acting which mainly analyzes the question that whether the completed and attempted formation of joint principal offense coexist or not in one crime. To this question, the author believes the popular point that attempted formation of joint principal offense is suitable to the principle that part of act take the whole responsibility, thereby the author denies the point of completed and attempted can coexist. Last, this part discusses the reasons beyond the will of the actors. It divides the reasons into three categories after clarifying the standards for reasons, and then analyzes the special reason that other actors suspend the joint crime automatically and effectively and the reason of error awareness specifically.The third part is inherited joint principal offense and the attempted formation of crime. Inherited joint principal offense is a special form of joint principal offense. This part analyzes the characters of the attempted formation of inherited joint principal offense after clarifying the basic theory of this special crime.The forth part is omission joint principal offense and the attempted formation of crime. Omission joint principal offense is another special form of joint principal offense. This part analyzes the extent and the characters of the attempted formation of omission joint principal offense after clarifying the basic theory of this special crime.