On The Cognitive Error Of Joint Crime

The Cognitive Error of Joint Crime is the mutual area of the theories of Joint Crime andCognitive Error, it can show the complication of those theories.The research about TheCognitive Error of Joint Crime,not only has important theoretical value,but also affects thepractice of Justice.But in China,this research is just beginning, there are more efforts we needto devote.This thesis relies on the Criminal Law of China, bases on the foreign and domestictheories of Joint Crime and Cognitive Error, to research The Cognitive Error of JointCrime.The author hopes this thesis can provide some effects for the research of theory and thepractice of Justice.There are three parts in this thesis except the introduction and conclusion.First part: This part is about some basic theories of The Cognitive Error of Joint Crime.Firstly, it will introduce some basic theories about Joint Crime,such as,the theoryabout"whole-illegal Constitutive requirements"which is called "Gesamt-unrrechtstatbetand" inGermany, the theory of Partial Joint Crimes, the Belongingness of Accomplice.Secondly,itrelates some basic theories about Cognitive Error,such as the classification and the solutionsabout Cognitive Error in different countries.This thesis adopts the classification whichincludes the Error of Constitutive Requirement,the Error of Prohibition and the Error ofExpected possibility, and uses the Corresponding Rule of Subjectivity and Objectivity tohandle Cognitive Error.Thirdly,it will introduce the concept of The Cognitive Error of JointCrime.Fainly, it is about the Conditions of Establishment and the classification of TheCognitive Error of Joint Crime.Second part: This part is about the Error of Constitutive Requirements in the same formsof Joint Crime.The author will divide it into two parts which relate objective and subjective.According to deferent objective requirements, the Errors of Objective Requirements caninclude Object Error,Attack Error,Method Error,Causality Error,the Aggravated result Errorand so on. In the the Errors of Subjective Requirements,it involves the Misunderstanding ofthe Deliberate Crime,the Surplus behavior of Principal Offender,the Reduction behavior ofPrincipal Offender.The author will use some basic theories,such as the theory of Part ofCrime common,the theory of Limited Belongingness of Accomplice,and the CorrespondingRule of Subjectivity and Objectivity to discuss these errors in detail. Third part: The Error of Constitutive Requirements in the different forms of Joint Crimeis mainly to discuss about the Errors of Roles or Forms.It includes the Error between theforms of Abettor and Accessory Offender,the Error between the forms of Accessory Offenderand Joint Principal Offender, the Error among the forms of Abettor, Accessory Offender andIndirect Principal Offender.The author will use some basic theories,such as the theory of Partof Crime common,the theory of Limited Belongingness of Accomplice,the theory ofUnlawfulness tolerance relation between the forms of Joint Crime,the Behavior controltheory,and the Corresponding Rule of Subjectivity and Objectivity to discuss these errors indetail.