The Research Of The Factual Mistake Of Joint Crime

First part:The factual mistake of joint crime basic category cleans up.In this part,the author has mainly limited the factual mistake of joint crime concept,the characteristic,the significance and the classification,has given a concise explanation to the factual mistake of joint crime.The author first defines the factual mistake of joint crime for produces in the common crime process,the joint crime person is inconsistent to the common delinquent account situation subjective understanding with the objective reality.In this foundation,the factual mistake of joint crime has three characteristics:First,occurs in the common crime process;Second,produces inconsistent between subjective understanding with the objective reality;Third,affects various accomplice person’s legal responsibility.According to the diversity classification,the author divides the factual mistake of the joint crime into three kinds:First,the implementation violates the mistake,abettor’s mistake and the help offenders mistake;Second,in the identical constitution important document the mistake of joint crime and accomplice between the different constitution important document is wrong; Third,objective mistake,attack mistake,causal relation mistake.Study on the theory of the factual mistake of the joint crime,is beneficial to establish the range of the joint crime and patterns of crime,and define the various accomplice person’s legal responsibility.Second part:This part mainly analyses basic theory about the factual mistake of the joint crime.First,this paper gives a brief analysis of the two basic theories of joint crime: Essential attributes of joint crime and the basis of penalties of joint crime.Second,this paper don’t talk about the legal mistake of the joint crime.As how to deal with factual mistake of joint crime,there have many different theories and opinions,such as the theory of specific compliance,legal compliance and abstract compliance.Third part:The part analyses specific issues about the factual mistake of the joint crime.In the foundation of the basic theory of joint crime,the mistake question which the mistake of offenders,the abettors and the help offenders to carry on the elaboration has launched specifically.The author also differentiates which the mistake between the identical constitution of a crime and the different constitution of a crime,in order to identify the responsibility of factual mistake of joint crime reasonably.Based on the the foreign and domestic theories,the author proposed some personal ideas.Fourth part:The part discusses related issues with respect to the factual mistake of the joint crime,which contains the error between the forms of abettor offender and indirect principal offender,the forms of consequence-aggravated crime.Fifth part:The part discusses the handled principles regarding the factual mistake of the joint crime. As the last part of this paper,by means of analyses specific issues about the factual mistake of the joint crime,the author proposes the handled principles regarding the factual mistake of the joint crime,to seek unity between principles and exceptions.