Research On Correspondence Offense

As an important concept in the criminal law of civil law, correspondence offense has its value. China introduced correspondence offense, but study on correspondence offense was not thorough enough and there are some differences in the common crime theory between China's and the civil law, consequently, there are many problems associated with the correspondence offense to be solved. To solve these problems, we should take research of scholars at home and abroad, China's criminal law and the actual situation into account for study on correspondence offense.Correspondence offense should adopt a broad concept, corresponding sides implement corresponding action and one of the two sides is crime. Not all the correspondence offense in China's criminal law belongs to common crime and we cannot put it into accomplice system forcible. Correspondence offense which belongs to common crime should suit the provision on common crime of China's criminal law, such as classification of co-perpetrators, accomplished all accomplished one, surrender of co-perpetrators. Correspondence offense which is not belongs to common crime should reveal the action which is beyond the range of confession owe crime to constitute a meritorious. We should strictly define the establishment of conditions of the party which is not punished could be punished as the co-perpetrators of the party to be punished and limit the scope of penalty. The party which is not punished could be punished as the co-perpetrators of the party to be punished the three conditions: participation action beyond types, is with serious hazard, is expected. Most of the participation behavior in judicial practice should not be punished.