Study On Crime Detemination Of Joint Crime

Joint crime and crime determination always be the extensive discussion in generality of criminal law, and the crime determination of joint crime is the integration of these two issues. There is a regulation of joint crime and crime determination in Criminal Law of China, but there isn’t a regulation of crime determination of joint crime. Therefore, the rule of single crime suspension is used to regulate the conspirators in judicatory practice. Which is" if one be accomplish offense all will be." Although this identification standard had considered the whole harmfulness of joint crime, it ignores its particularity. So this paper proceeds from the relationship between the conspirator’s behavior and crime result, comprising four chapters to discuss the question about crime determination of joint crime.The first chapter is a summary of the crime determination of joint crime. Firstly, this article has expounded the concept and characteristic of the crime determination of joint crime, then leads to different viewpoints by discussing two cases of this issue; at the end combining a case to expound the main controversy in this question.The second chapter is about theory and analysis of the crime determination of joint crime. This part had expounded the theory of objectiveness, the purely objective theory and the compromise theory. The writer analysis and compares those theories then had a conclusion:The objective theory is too rigidness, it’s only catches the general of the joint crime, but ignores the actor’s particularity; the subjective theory only stresses on the actor’s effort, which makes the weak element, and have the suspicion to connive crime; the compromise theory gives consideration to the two theories, it had considered the general of the joint crime and the actor’s particularity, but the writer hold the opinion that the renunciation theory is coincident with the crime determination of joint crime. So the writer considers that all actors in joint crime which can be punished are due to their crime act and had effect with the crime result. If some of them want to get rid of the joint crime and desistance of crime, they have to eliminate the effect which they had made. If they can do, they will desistance of crime; otherwise they will not desistance of crime. But if the actor had made effects, it can be the circumstance of sentencing.The third chapter is about the establishment condition of the crime determination of joint crime. The writer used the single-handed crime’s constitutive requirements to explain and analyze the crime determination of joint crime’s constitutive requirements. Firstly, the chapter expounds the timeliness requirement of the crime determination of joint crime, and then explains the free-will, once more elaborate the requirement of the thoroughness. Lastly, writer expounds the question about the effectiveness.The fourth chapter is about specific establishment of the crime determination of joint crime. These chapters makes a division of all criminals by the basis of their divisions and functions in joint crime, and divide them to four categories, which is organizing criminals, conducting criminals, instigation crime and accessory offenders. This chapter is discussing the specifications and the question in dispute about these four categories offence which want to desistance of the joint crime.