Study On Joint Offence Superposition

Joint offence superposition is a special status in common crime. Germany,Japan and other countries had to explore so many competing theories accomplice, but the study of Chinese criminal theories of complicity competing incomplete, in particular in its specific meaning vague statements, generating aspects of competing reasons, treatment methods, have certain shortcomings, but the presence of an accomplice competing judicial practice, and lack of theoretical research, leading to difficulties in the practice of law applicable.The introduction of this article is part of the main topics of the meaning set forth in this article, along with a brief introduction of competing causes of problems accomplice, and then points out the German and Japanese and Chinese scholars to study the situation accomplice Concurrence Finally research methods, ideas and innovation the place is described.Addition to the introduction of this article consists of four parts:The first part is the concept of complicity competing to explore the root causes of production. First elaborated the root cause is due to produce an accomplice competing co-offender classification division theory, it is due to the division of the classification method, the practice will produce an accomplice in the case of one person combines multiple forms appear. Meanwhile, competing with the same subject accomplice implement multiple heterogeneous behavior of competing multi-exist in the same criminal conduct constituting characteristics. Competing as an accomplice in the crime of competing, competing with the clauses of concurrence and imagine there is a big different.The second part of the process of competing accomplice phenomenon is analyzed, classified theories exist in the crime, said the subjective, objective, said under the compromise, said the background, resulting in the division of labor and the role of taxonomy classification of two specific common crime human classification method only using the division classification and merged two classification methods, will lead to an accomplice competing phenomenon.The third part is to explore competing for complicity in the criminal justice system as well as an accomplice in the position of competing phenomena specific classification. Concurrence accomplice should be positioned in the legal effect theory, constitute only be determined after competing, only need to explore further. Accomplice competing for classification, can be divided in form and substance, the former including simple and complex competing competing, and the latter can be divided into competing, competing accomplice accomplice and co-principal offender and accomplice, etc., while reality of our country, for our existing Accomplice division competing phenomena.The fourth part analyzes the phenomenon of competing approaches to solve the accomplice. First elaborated the theory of accomplice to resolve differences in competing phenomena, although competing accomplice is saying to imagine the number of crimes that do not exist, but when competing for processing accomplice, taken from a felony approach. In the specific solution, according to the formal division were competing for simple and complex competing solutions were discussed.