Research On The Criminal Responsibility On Common Injury Behavior

Common damage behavior is an old but new topic. Saying its old, it is said thatearly in the Tanglaw there is the provisions of common damage; saying its new, it is topoint to nowadays common damage behavior present a complicated development trend.Common damage crime in the judicial practice not only quantity increased year by year,and the complicated situations for the judicial practice has brought great trouble. Thispaper common damage behavior crime several common problems in judicial practice, inorder to for the judicial practice department to solve the problem.The author will common damage is divided into two kinds: simple common damageand complicated joint damage. In the simple common damage situation, there is a clearbefore damage premeditated situation, if the other accomplice in time to prevent theoccurrence of a limit behavior and implemented a stop behavior, whatever the outcome,are established to implement the limit; If could stop but not said that as the default, notset up to implement the limit; If too late to stop, no matter whether the later approved alimit behavior, are established to implement the limit. In advance without maliceaforethought or advance only general damage deliberately occasions, only when the otheraccomplice to clear a limit behavior occurrence, that constitutes to implement the limit,the rest of the case, all the establishment of joint crime. In the complicated joint damagesituation, from the abettor and help make two aspects to talk about to implement thelimit.Of crime, in clarity instigated occasion, no matter the instigated person whether toimplement the instigation of the content of crime, as long as the implemented beyondabet content behavior, that is to implement the limit was established for aider speaking,established the accomplice of crime or the basis. In the probable sexual solicitationoccasions, the solicitation is not clear, in the solicitation interval happen as a result, didnot deviate from the instigators will not stand, to implement the limit. Help crime, if thecrime of no use to help make help and implementing crime, does not constitute a limit; Ifthe crime of no use to help make help and carry out other crime, constitute to implementthe limit; If to make use of the help make offer to help, but behavior is beyond the scopeof the help intentionally, set up to implement the limit. At the same time damage behavior can be divided into with a common intentionaland damage and lack of common intentionally hurt at the same time. The former noproblems, according to a joint crime can be processing. The latter according to theobjective reality and can be divided into the attribution of damage and at the same time,the results do not attribution and damage. The results can be attribution occasions, whodamage caused by the implementation of the behavior, who established crimeaccomplishment, not causing harm can be established according to the circumstanceattempted or not guilty. The results do not attribution occasions trouble is bigger, in suchcases, a person cannot be easily recognized the mayhem accomplished, also can notdetermine that all who attempted to constitute a crime. Through the comparison ofGermany’s practice of South Korea and Japan, the author thinks that should follow thelead of Japan and South Korea, in accordance with the regulations is an accomplice, andclearly written in the penal code.Gang war of common damage behavior problems for many years practicedepartment. For the gang war appeared seriously above situation, the author thinks thatnot all into intentional harm. If the act had deliberately hurt, when converted todeliberately harm; If for serious injury the results is from negligence subjective factors,this kind of situation, do not change made, in accordance with the gang war crimeconvicted and punished, but in sentencing process, should consider the following threeyears but not more than ten years of sentencing amplitude. In the transformation forintentional injury situation, if the primary molecular clear requirements can cause injuryor death, the ringleaders don’t transformation conviction, and gang war crime shall begiven heavier punishment; The rest of the situation first molecules into intentional harm.The rest of the active participants not into intentional harm, but the gang war crime fromthe punishment.