The Essence Of Joint Crime

Joint crime theory is the "touchstone" of the criminal system, the research of joint crime will have a direct impact on the construction of the criminal system.Since the Japanese scholar Mu Ye Ying Yi proposed the essence of joint crime is the antagonism between the theory of criminal commonness and the theory of the joint act for the first time Japanese scholars have been arguing this issue. Everybody try to prove their own opinion from legislative and theoretical demonstration, however they could not reach a consensus as a result.In the past, the essence of joint crime has not been taken notice of by our scholars, the research mainly focus on the interpretation of the legal provisions, to illustrate the necessary elements of the joint crime. Recently, our scholars have started to claim their own standpoint on the problem raised above. But in my opinion, I assume that if we don’t find basis from the joint crime system itself, we can not judge which theory is better. Cause no matter what kinds of crime, it consists of illegality and accountability. The analysis of the joint crime essence can not be explained without this factor, otherwise it will never be accountable.Through the comparision between the separate crime and the joint crime, we find that due to the different causal relationship, the subsequence of affirming crime is different. Separate crime abide by the process from objective to subjective, while joint crime mainly from the subjective to objective. The reason was mainly based on the needs to protect the legal interest, stress the important meaning of the "mental causation" in identifying joint crime. The establishment of the joint crime system is mainly to remedy the difficulty of affirming the "physical causality". Thus in theory the essence of joint crime can only be the theory of criminal commonness. Meanwhile, according to the criminal law of our country, using the method of hermeneutics, we know that age of discretion is the premise of responsibility. A joint crime must be conditioned that the two or more suspects command to the criminal responsibility age. Therefore, based on the theory of subordinate of complicity, claiming the theory of joint act has no existing space, at least in the criminal framework of our country.The theory of joint act is not reasonable no matter in theory or in legislation. Hence the essence of joint crime could be nothing but the theory of criminal commonness, In the meanwhile, because of the serious defect in the other point of joint crime theory, this paper claims to insist the part joint crime theory. Although it can not handle all problems in the joint crime at present, it still can be a very rational theory to tally with our country’s doctrine.