The Research On The Transformed Convict Of Joint Crime

Joint crime which has a long research period in the academic circles is a special situation of crime, and the transformed criminal in joint crime is a special situation, too. The transformed criminal in separate crime usually comply with the regulations of law, but the transformed criminal in joint crime is not like that. The research on joint crime has been always a significant research subject in academic circles of criminal law, but less attention has been paid to the transformed criminal in joint crime at present in terms of theory, and theoretical application as well as legislation is also less, what’s more, there are even more problems in the judicial practice, from what have been discussed above, it will do harm to the judicial justice. Joint crime is a complicated and enormous issue itself, the problems will become more complicated when transformed criminal appears in the form of joint crime. Someone usually confuse transformed criminal of the joint crime with other situation of joint crime in practice, which bring great inconveniences to the determination and punishment in the circumstance of transformed criminal of joint crime. Therefore, perfect legislation and applicable standards in practice should be made to make sure that the problem whether the complicity in joint crime conform can be solved. Consequently, it’s important to research on the issue of transformed criminal in joint crime in the circumstance.This paper combine the theory of criminal law that I have learned with the typical criminal cases, elaborating the following parts of transformed criminal of joint crime:the basic theory, condition of establishment, scope of responsibility, concurrence with other situation of crime, improvement of legislation. The paper is divided into four parts to discuss.The first section discusses the basic theory of transformed criminal of joint crime, this part begins with transformation of crime and the relationship between complicity of joint crime, what’s more, this part also analyses different theory of complicity relationship and concept, character of transformed criminal so that it can lay a foundation for the concept of transformed criminal of joint crime. Then the research concentrate on discussing the distinction, concurrence between transformed criminal of joint crime and other situation of crime, making a classification about the theory of transformed criminal of joint crime. The main purpose of this part is aimed at laying the theory foundation for this paper, discussing substantive characteristic of transformed criminal from character of crime objectively.The second section which discusses established condition, area of responsibility of transformed criminal in joint crime is one of core parts of text. This section analyses establishment of transformed criminal not only from body condition but also from objective and subjective condition, then this section discusses area of responsibility of normal, mob, particular transformed criminal in joint crime according to different classifications of transformed criminal. Through the theory of different categories of joint crime and the analysis of actual criminal cases, the author judge that whether the actor who involved in crime should be transformed their accusation according to the objective and subjective performance of the complicity and the action, division of crime. Therefore, the author summarize the several factors that should be considered in judicial practice when dealing with the problem of transformed criminal.The third section is another important component of this article, this section discusses the difference and cooperation between transformed criminal in joint crime and other situation of crime in order to research the accusation and responsibility of each actor of joint crime more accurately.The fourth section discusses the necessity and feasibility of legislation about transformed criminal based on the present actual legislative situation of our country, and put forward feasible suggestions about the problem existed in provision of transformed criminal in separate crime. And then put forward the legislative conception of transformed criminal in order to solve the problem that provision about transformed criminal is missing. In order to normalize the identification, punishment of transformed criminal, the legislative authority should make perfect identification and standard punishment, only do this can it be more perfect.