On The Contact Of Criminal Intention For Joint Offense

The problem of joint offense not only occupies an important position in the theory of civil law system, but also has very important significance during its practice. The contact of criminal intention between the criminals is the core concept of the problem of the joint offense. The exist of the contact of criminal intention between the criminals is a bridge by which the joint offense can be settled,no longer being judged as a single act according to the criminal law. Therefore, the research on the contact of criminal intention between the criminals is of momentous current significance in how to identify a common purpose in nature and scope of the common purpose. There are four elements in this paper to inquire into the important role of the contact of criminal intention in the joint offense, containing the definition of the contact of criminal intention, the relationship between the contact of criminal intention and joint offense, the interruption of the contact of criminal intention and the variation of the contact of criminal intention. Finally, the paper aims to come to a deeper understanding in the theory of the joint offense and expect to be able to better serve the judicial practice through the research.The first part, based on the criminal law theories in the civil law system, according to the discussion of the essence of the joint offense, compares the different requirements about the contact of criminal intention of the different theories on the subject the foundation of the joint offense, and takes a firm stand on the idea about the common partly crime to definite the contact of criminal intention and describe its characteristics. After the clarification of the contact of criminal intention, the second part stresses much on the discussion of the relationship between the contact of criminal intention and joint offense. The contact of criminal intention is an essence in the joint intention, which first exists between the joint principal offenders. The foundation of the joint principal offender requires both the contact of criminal intention and the implement of acts between the joint principal offenders. The contact of criminal intention is also indispensable in the foundation of the instigator and accomplice. Along with the development of the social and the criminal theories, the problem emerges whether or not admitting the negligent co-principal, successive accomplice perpetrator, partial principal joint crime and plotting co-perpetrator in the joint offense theory and practice. There is no contact of criminal intention existing between the negligent co-principals based on stand which the paper takes. However, the contact of criminal intention is the essence of the intent joint offense. There is still possibility to admit the negligent co-principal. The discussion between the successive accomplice perpetrator and the contact of criminal intention stresses on whether or not the successive accomplice perpetrator should take responsibility to the result which leads by the criminal action the original party has carried out. While the plotting co-principal treats the party who didn't implement the criminal act the same as the party who carried the criminal act, therefore the admitting of the plotting co-principal has more strict requirement on the contact of criminal intention. The third part discusses the interruption of the contact of criminal intention according to the categories of the joint offense criminals by division of labor, in other words, in order to interrupt the contact of criminal intention, different behaviors need to take different actions. The last part discussed the influence of the variation of the contact of criminal intention on the foundation and variation and the related problems of the joint offense.