On The Principal And Accessory Of The Joint Crimes

The common crime theory is called "the despair chapter" in the theory ofcriminal law, it is the eternal difficulty in the crime theory. In the common crimemode of our country’s system, how to understand and solve the problem of commoncrime correctly is a precondition and core issue is to exactly distinct main andaccessory in the common crime. Inspired by these, this paper will card and analyzethe main and accessory of common crime from the common criminal perspective, onthe basis of the rules of our criminal law and the theoretical study of criminal law,hoping to put forward some reasonable suggestions to distinguish the main andaccessory of common crime.This article through to our country system of joint crime patterns are discussed,trying to find out the current classification of joint offenders lack of standards, on theChinese judicial practice in the main and accessory distinguish adverse effects, andthen put forward the author’s own suggestions for improvement, to make up for thelack of justice, practice for better service. The whole thesis introduces the commoncrime system in our country, analyzes the significance of the theory of common crimein our country under the distinction between main and accessory, and on the basis ofanalyzing and improving of the classification of joint crime theory in our country,expecting to put forward a reasonable standard of joint crime patterns to fit ourcountry system and to distinguish the main and accessory, and make a contribution tothe common crime theory.Since the research to distinguish the main and accessory is under the system ofjoint crime mode of our country, first of all we need to take our common crimesystem model as the starting point for the analysis. Compared to the relatedstipulations in the world, we can say that the joint crime pattern that our countryadopts is distinguishing pattern. Under this system of "master-slave relationship"punishment principle of judicial logic, the judicial practice of punishment of joint crime logic is first identify the common crime, and then in the common crime todistinguish the main and accessory, the criminal conviction and sentencing basis,according to China’s "accessory treatment " principle of punishment, to an accessoryconviction and sentencing. It can thus be our distinction between main and accessorycriminal law embodies the principle of balance between crime and punishment,criminal justice, retribution idea and the modesty principle.Secondly, to correctly distinguish the main and accessory, we need to sort out thedivision of labor and the effect in the common classification of criminals under aclear framework. Eventually identify the main and accessory more clearly. In thispaper, after an analysis in criminal law theory, we put forward a rational classificationstandard in the system of common crime in our country。That division classificationas the foundation, the two step and classification method, in the common criminalclassification based on the correct distinction between main and accessory.How to correctly distinguish between the main and accessory in common crimeis the core problem of China’s common criminal punishment system, and the coreproblem is how to correctly understand the classification of common crime under thesystem of common crime pattern in our country. This paper finally expand thediscussion the participant classification criteria in common crime, and analyze thestandard of distinguish to the main and accessory in China, put forward a reasonablestandard, and take some analysis and reasonable suggestions for the difficulty todistinguish the main and specific discussion presented in this article the main andaccessory distinguishing standard is applicable in such cases, the main and accessorythe distinction standard of a reasonable explanation.