Analysis On Several Problems Of Joint Crime

The joint forms of offence is the more harmful serious type of crime than the separate crime.it is always the key point which our country criminal law attacks.The joint forms of offence occurs frequently in the judicial practice,due to the provisions of the relevant laws of principle and uncertainty and the judicial practice of diversity,there are certain gap contradictions between the law and judicial practice,which lead to practice of joint crime that has certain difficulty.As for this case,seemingly it is very simple,but in actual judicial recognizance,it has many dispute that has seen and heard as well as to form a unified opinion.For a long time,joint crime not only has been plagued by judicial practice,but also the theory of academic dispute larger problems.This article with the aid in a piece of case,has conducted the research on these questions in the form of the case analysis report. The full text altogether has been divided into four parts as follows.The first part:Main points and case.main point:Jia,Yi,Bing crime of intentional injury.Case:this section describes the criminal suspect Jia,Yi and Bing,as two of crime of intentional injury.The second part:The focal point and divergent opinion of this case's dispute.This case has three dispute focal points:1.Intentionally hurt A and deliberately hurt B crime in the same general of the implementation of the common behaviour of the contact of criminal intention under control implementation,the two crime the accomplice relationship without damage interruption.2.The behaviour of Yi taking sticks to open the B and C shall be deemed to be a joint crime the conduct or the help of justifiable defence behaviour.this involves another focal problem is,if all the relevant evidence can prove B taking sticks to open a few the behaviour of the people is really a sort,so,in violent crime,whether armed sort is reasonable or not?how to sort of armed behaviour nature 3.In the crime intentionally hurt B, Yi and Bing wether in fact with a line to become an accomplice relationship,wether Yi and Bing should deal with the consequences of B's seriously bear criminal responsibility.The third part:Legal principle theory of law analysis.in this part,the author has first introduced the stipulation and constitution of joint Offence in our country;Next the author has stressed on the three dispute focal points,it obtains maintaining the joint criminal intention,the contact of criminal intention,the feature of the joint act and the theory of justifiable defence that support all viewpoints. The fourth part:Conclusion.The author has believed that:in this case,first,Jia,Yi,Bing constitute A deliberately hurt A joint crime relationship;In a joint damage the crime in fact,Bing has no criminal intention said and the criminal act,so he hasn't form accomplice relationship with Jia and Yi.Yi use sticks to open the B,C,which objectively for a stabbing B have created favorable conditions,the act of Bing and the serious injury consequence of B have contact in law causality,as a result,in the same way,his behaviour tacit understanding a formed criminal intention contact,the behaviour is to belong to a joint crime,not set up the help behaviour justifiable defence. Therefore, established Jia and Yi intentionally hurt the accomplice of B relationship.