The Discussion On The Rational Construction About Our Country’s Joint-crime Legislation Mode

The research on the joint-crime legislation mode is always ignored by the scholars who pay more attention on the joint-crime problems. But the joint-crime legislation mode is very important and is also an issue which is worthy of study in joint-crime field. The proposition of the concept of joint-crime legislation mode provided a new way for the joint-crime research. Currently, the joint-crime legislation mode, which has obvious characteristics in the world, includes distinct system legislation mode and the united system legislation mode. For both of the legislation mode, the article made a detailed analysis about their theoretical basis. Among the theoretical basis, distinct system legislation mode which is based on the concept of the limited principal offender and accomplice from the property. United system legislation mode is based on the concept of the expansion of principal offender. The article doubts the necessity of the dependence of the principal offender during the sorting out of the differences of the theoretical basis between the different legislation modes. However, there are problems which are solved by the dependence of the principal offender theory and have also been solved by the second theory that is the expansion of the principal offender. So, the concept of the dependence of the principal offender is not clear enough. From the discussion of the accomplice from the property under the distinct joint-crime legislation mode, the article supports the limited accomplice from the property, because it embodies the stereotype of the constitutive element of the principal offender, and also suggests the principal offender or the principal criminal’s full responsibility.The article also researches the joint-crime legislation mode of the foreign countries. Germany and Japan represent the distinct system legislation mode, whereas, Italy and Austria represent the united system legislation mode. In the article, we advocate the distinct system legislation mode. Through the analysis about the current situation of the joint-crime legislation mode in our country, the idea which defines our country’s legislation mode in joint-crime field, it is possible to rebuild the legislation under this legislation mode.Finally we can wipe out the confusions among the joint-crime field and get rid of the desperate situation. The conclusion is that trying to make a rationale of the possibility of rebuilding the legislation clause of the joint-crime field.