Study On The Model Of The Establishment Of A Joint Crime

Joint crime as the "dark and chaos" in the theoretical circle of criminal law chapteris for there are many complicated properties of joint crime theory. The essence of jointcrime and accomplice of punishment basis, what is the "common" in a joint crime, forsuch problems since modern scholars debate from country to country. The author in theperspective of the establishment of accomplice pattern, on the basis of nationallegislation about joint crime, the theory study is limited to set up the model of countriesin the world In today’s world, there are about the establishment of accomplice patternmainly has two system, distinguish between system and unitary. While our nation isunitary and distinguish system combined with the mixed mode, but this so-called hybridhas caused many disadvantages The author through using the rationality of the twosystem,combined with the concrete situation in our country, finally find out that thepath of unitary is suitable. But this unitary to based on the improvement of theaccomplice theory. Therefore, the author thinks that, combined with the subjective toobjective behavior which is limited to know is the fundamental characteristics of anaccomplice. This article main text is divided into the following four chapters:The first chapter, mainly for countries such as Germany and Japan, theestablishment of joint crime pattern are introduced.This model, the joint-crime isdivided into crime and accomplice. About the crime and the accomplice theory, thedistinction between existence theory, theory of subjectivism and objectivism criminalfacts control theory, three kinds of theories. Inside the objectivist theories existobjectively said in both form and essence of objective said.. Nature of common crime,common crime said that joint crime is "a lot of people together to violate a crime", isguilty of the common. According to whether strict constitutive requirements as thestandard, crime is divided into totally common and part of joint crime. Joint-crimepunished because of a common criminal behavior from belong to the crime. To evaluatethe distinguish system, the author thinks that the fundamental problem of distinguishingsystem lies in the violation of the principle of personal responsibility and a sin aresponsibility principle.The second chapter, mainly introduce Italy and other countries of the accompliceof unitary model. Under the unitary system, in the conviction stage for the accomplice,the crime by not distinguish, but will still do it differently than when sentencing. Unitary system from the standpoint of the subjectivism, thinks that the essence of jointcrime is the common behavior, joint crime is considered "several personal several sin".Accomplices punishment basis is based on the behavior of accomplice in his personalrisk of harmful to the society and therefore subject to criminal law of the blame. Thelast of this chapter the author also set up a model for the evaluation of unitaryaccomplice.The third chapter, mainly based on China’s national conditions, for the theory ofjoint crime of our country carried on the thorough analysis. First of all, the authordistinguish between the principal and the concept of crime in nature. Criminal plays theleading role is for the cognizance of criminal responsibility, occur in the sentencingphase. The identification of nature of crime is the behavior, in the conviction stage.Then, through to our country classification standards and the instigator of the provisionsof the accomplice, the author concludes that our country’s accomplice set pattern isunitary and distinguish system as one of the mixed system. Mixing system, there aremany drawbacks.The fourth chapter, the author combined with the concrete situation in our country,think that it is a more appropriate choice of unitary road in our country. But we shouldimprove the accomplice theory based on the unitary. The author thinks that the objectivebehavior common said coupled with subjective cognitive is limited to "fix theobjectivist behavior common says" reveals the fundamental characteristics ofaccomplice. For correcting the objectivist behavior common foundation build a unitarysystem, under the unitary system, the classification of accomplices in the standard aretwo types of an accomplice instigator and duress should be deleted. Sentencing,combined with the circumstances of the crime and the accomplice are divided intoprincipal and secondary role plays the leading role of an accessory to achieveindividualized sentencing...