Research On The Combating Error And Its Criminal Responsibility

Against errors can be said to be the tiny branches of mistake errors, however, there aremany controversy in errors due to its characteristics of wrong behavior. The theory thatdetermined perpetrators criminal responsibility in combat error mainly is the ConcreteTheory, the Legally Prescribed Theory and the Abstract Theory. Currently, the mostcontroversial in determined perpetrators of combat errors criminal responsibility is theapplication of Concrete Theory and Legally Prescribed Theory. In China’s judicialpractice, it still exist the game between the Concrete Theory and the Legally PrescribedTheory in the identification of against errors responsibility. Although the scholars ofcriminal law have tried to look for a balance between the Concrete Theory and theLegally Prescribed Theory in the identification of against errors responsibility, and thusin order to compensate for the deficiencies to derived different theories, so far failed toform a consensus in determining of combat error responsibility.Based on the againsterror situations, the perpetrators subjective intentions and caused objective resultswhether belong to the same component parts, it can be divided to the combating errorwithin the same elements and the combating error within the different elements.Identification the combating error within the same elements responsibility is thedifficult point and the fierce opposition that between the Concrete Theory and theLegally Prescribed Theory,and it also the most difficult part; The mainly controversyof the combating error within the different elements is the Legally Prescribed Theoryand the Abstract Theory, yet it eventually converge to identification of the combatingerror within the different elements responsibility. The article through a theoreticalorientation, behaviour characteristics and the difference between combat error and othertypes of errors to depth investigate the combating error, and make comments of thecombating error within the same elements and the different elements, then basis of theabove put forward the applicable rules that identification of combat errorsresponsibility.The author tend to the Concrete Theory and claims to with criminal intentand harmful result to determine the perpetrator’s liability and with Imaginative Joinderto convicted and punished.