On The Identification Of A Common Criminal Proceed

As a part of the theory of joint crime, common criminal proceed is an importanttheoretical category in criminal law science research, as is a research topic fordomestic and abroad scholars can not be avoided. By analyzing the theory ofintroduction to the general crime and regarding the concept and features of joint crimeas the breakthrough point, the author puts forward that new standard common crimalproceed: the "subjective theory" as the core, supplemented by " objective two elementtheory," and puts it into the common crime theory and related to that in.In addition to the introduction and conclusion, the article is divided into threeparts,about nearly40,000words, the main contents are as follows：Part one is the summary of common crime. This part is divided into threesections. The first section is an overview of the crime,interpreting the theoreticalaspects from the law of crime to domestic and foreign theoretical analysis on crimecognizance. The second section is the common crime. With the help of the conceptand characteristics of common crime, the author proposes the new standard ofcommon crime, and specifically identifies common criminal proceed from acombination of subjective and objective stance.Part two is the specific authorization to common crimal proceed.Regarding"complicity joint principal offender","instigator" and "Help guilty" as the basic modelof common crime, this section does a detailed analysis of these three types from theperspective of the new standard identifying common criminal proceed. The firstsection is determined jointly committing conspiracy to proceed. By committingconspiracy common understanding of the meaning, in the specific criteria identified,author believes the standard should be adhered to as a conspiracy to proceed jointlycommitting standard that is “subjective theory" as the core, supplemented by"objective dualism" standard, compared to the traditional "General theory fromproperty," and "Doctrine of individual independence" theory.The second section isdetermined to proceed instigator. According to the new standard advocated, combinedwith the concept and nature of the instigator,author endorses instigator proceed fromthe property,and says that the instigator instigator proceed was the instigator of theCriminal Code implemented in compliance behavior of some or all of the basicconstituent elements of the offense,in common with those who deliberately instigated domination. The third section is found guilty of helping to proceed. Committed to theconcept and type of help as a starting point, this article analyzes the specific criteriaidentified to help offenders begin. Help guilty of conspiracy to proceed can be dividedinto two cases according to the presence or absence. Help those who have complicitywith the implementation, the matter of assistance and help offenders begin directlyafter the accomplice from the property based on the theory according Perpetratorproceed to set; Help committed prior to proceed should consider whether to helpconduct a direct legal interest on the reality of imminent threat, if it is, then you canput help acts as help guilty to proceed, otherwise Perpetrator determined to proceed.In the case of helping those who had no complicity with the implementation, helpingbehavior at the time of onset of action is to help implement commit acts committedproceed.Part three is studying issues related to common crimal proceed, namely theextension of the theory of indirect principal to proceed "," one-sided accomplice "toproceed and" inherited accomplice "to proceed. The first section is an indirectperpetrator to proceed, with its implication analysis identifying indirect principal toproceed, and then expanding to proceed indirect co-perpetrator. The second section isa one-sided accomplice to proceed, combined with one-sided accomplice concept andscope to support the establishment of a one-sided to help commit crimes together, andanalyze its authorization to proceed. The third section is inherited accomplice toproceed,based on the concept of inheritance accomplice, author believes that theidentification of inherited accomplice to proceed should follow the basic principles ofcriminal law unity of subjective and objective, that is the behavior of people around acommon meaning in the establishment of a common crime began to contact and meetsome or all acts of criminal law the basic constituent elements of the offense.