The Theory Of Joint Crime And Criminal Theory System

The theory of joint crime has became a classic material which be used to criticizethe four elements of criminal theory system and to advocate the introduction of thethree sectors of German and Japanese criminal theory system by the scholars whosupport the reconstruction of criminal theory system. In opinion of the scholar whosupports the reconstruction of criminal theory system, the traditional four elements ofcrime system can’t solve the practical problems, can’t also provide enough space foracademic. To these problems, three-class criminal system in Germany and Japan canbe very a better solution; to the accomplice theory and a country’s criminal systemthere is a serious dependency, the establishment of the theory of an accomplice in thecriminal system on the basis of the three classes of Germany and Japan and the fourelements of crime constitute the system are quite different, and can’t be common;Accordingly, the reconstruction of commentators insisted that the four elements ofcrime in China constitute the system are seriously flawed, three class criminal systemin Germany and Japan are more superior, China should scrap the four elements of thecrime constitutes a system, and instead adopt the commission of a criminal system ofthe three classes. However, by research of the dependence and the comb of theGerman and Japanese Criminal accomplice theory, the former Soviet Union’s criminallaw an accomplice theory of the criminal system and China’s criminal law anaccomplice theory of the criminal system can be drawn: accomplice theory of thecriminal system dependence is only a symptom, the real attachment to different levelsof understanding of the concept of crime and division. In other words, the distinction of crime in the illegal and the division of responsibilities and the resulting sense of thefacts of the crime and on the normative sense, is an accomplice theory from the realfactors of decisive significance. The distinction between illegal and responsibilitiesand to use the concept of crime at different levels is, which makes the German andJapanese Criminal accomplice theory be able to survive, and keep a strongexplanatory power on judicial practice accomplice, but the former Soviet Union andChina’s Criminal Law hoard a single understanding of the concept of crime, theaccomplice theory of development is inadequate and unable to adapt to the needs ofpractice.To use the concept of crime at different levels, and to apply them to theaccomplice theory, this is just a method of analysis of the problem, in essence belongsto the scope of the methodology, and not with the criminal system label, nor is itdetermined by the criminal system. If to said, that the German and Japanese Criminalaccomplice theory acquires some kind of revelation from the three-class criminalsystem, after the compete of the accomplice theories, it achieved independent status inthe criminal system, and become a pure criminal law doctrine and theory. Accomplicetheory affix the label of the criminal system, is an explanation of the selection ofscholars. German and Japanese Criminal accomplice in theory, the method used in thetheory of joint crime in German and Japanese can be used for the theory of joint crimein China, which can improve China’s theory of joint crime. In addition, we should beaway from the symbolic orientation in the academic research of the theory of jointcrime.