The Ontology Of Common Principal Offender And Research Of Introducing The System Into China

On the partition about accomplice type, the principal offender is an important category in accomplic throry, while the common principal offender’s character have both principal offender and intercommunity, and the problem is more complicated. To make the relevant problem of common principal offender to be sure is necessay.The essay is allotted four parts. Part I is the analysis of Igislation system. There are many differences between countries’legislation:single lgislation system and detached lgislation system. The single lgislation system was strongly criticized. Therefore it Produced two theories:formal single lgislation system and functional single Igislation system. But in my view, the functional single lgislation system don’t get rid of the criticism form the academic community. We would adopt the detached lgislation system.Part II is the ontology of the principal offender. First is the concept of the principal offender, we should analyse it in two aspects, the front and the opposite. For deliberate Crime, wo should adopt the restrictive concept of principal offender. But for negligenced Crime,wo should adopt the outspread concept of principal offender. The opposite, wo should adopt the theory of the functional dominated behaviour. Then,I analyse the ontology of "common".Part III is the current situation of the discussion on the principal offender in China. The discussion in China is plentiful. For the concept of principal offender, the mainstream is the restrictive concept of principal offender. How to distinguish principal offender, the mainstream is the subjective and objective unity of constitutive requirements. Then, I analyse the ontology of "common", in my view, the theory of sectional criminal common is reasonable.Part IV is how to introduce the theory of principal offender. First, I relate and analyze the differences between China and Continental law system。Then, for the problem of the introduction, I think,we should discuss the differences forms of principal offender. We should seek an unified theory system,and make it play a part in the accomplic theory throughout.Part V is the way of introducing the theory of principal offender. In this part, I mainly analyse three forms:the conspiring common principal offender, the single-faceted conmon principal offender,and the inheriting common principal offender. In the above, we find out an unified theory system,and we should make it play a part in the accomplic theory throughout.