Study On The Nature Of Principal Offender In Co-pertration

It is generally considered co-pertration that two or more persons jointly committhe crime. But why the actors on the only part of behavior in the criminal process areprincipal-offenders.There is no academic theory standards, where the differences are seriously existed. This must make a further analysis, through which we can find outthe foundation of full responsibility of the part of the behavior and then we can finda solid theoretical foundation for the common principal offender. Therefore on thebasis of clarifying belonging controversy of german-japanese joint principal offender,this article tries to study the character of joint principal offender.In addition to the introduction and epilogue, there is a list of four parts: the firstpart introduces the common principal ownership question debate that presentproblems. Some discussed joint principal offender from the communityresponsibility,some discossed From the angle of individual responsibility theoriesdiscussed from the individual responsibility can be divided due to different angles.This part is interpretation of the various theories of the first part. There areinadequacies in the theory of person responsibility, and angle of joint principaloffenders criminal accomplice to the view of the subjective theory can not get rid ofthe shackles.Functional dominance theory which is dominant in Germany andJapanese theory ignores the importance of infringement of legal interest The moreimportant point is that the importance of objective and essence theory becomeentangled in. Accomplice punishment do not conform to criminal law. Behavior ofmutual ascription of joint principal offenders based on behavior characteristics ofhuman contact violated the principai of criminal law.The theory of the results of thecausal imputation is acused of mistaking the structure of Co-pertration and Principaloffender.The third part: this part mainly discussed the common principal.In criminal law,behavior person can only be responsibility for their own behavior.A person is acriminai because his behavior dominated the unlawful implementation, as well as therelationship between behavior and the causal.So the common principal ownership issues must also return to this theory. From this point of view, this part of the commonprincipal offender of joint principal offender behavior, behavior and result to exist,made a series of research, and specifically examines the act in criminal law, jointprincipal offender behavior, the causal relationship between behavior and result ofjoint principal offender.The fourth part, this the part try to discussa special form of joint principaloffenders.