Study On The Cognitive Error Of Joint Crime

The cognitive error of joint crime is a very complex criminal phenomenon．Inorder to solve the problems of cognitive error of joint crime in the judicial practice，we must depend on the theory of cognitive error of joint crime．The theory cognitiveerror of joint crime is build on theories of joint crime and cognitive error．Because ofthe complication of the theory of joint crime，it was referred by scholars to asdesperate section in the theory system of criminal law．The profound theory ofcognitive error occupies the important position in the theory system of criminal law，So,it is difficulty to built the theory of cognitive error of joint crime．In this thesis，author will on the basis of these theories to built the theory of cognitive error of jointcrime，and then discusses criminal responsibility in all kinds of situation．Trying toperfect the theory of cognitive error of joint crime，and to guide the practice ofjudicature.There are three parts in this thesis except the introduction and conclusion.The first part，the study of the basic theory of accomplice．The author discussesthe belongingness of accomplice in the three class system of crime, and think thatjoint crime is an illegal form．About the nature of joint crime，this article take thetheory of part of the same crime．About the division of accomplice types，the paperdivided accomplice into principal offender，accessory offender and abettor dependson the theory of crime control.The second part，the general theory of the cognitive error. In this section, theauthor describes the conception of cognitive error，and then discourse the positionof cognitive error in theoretical system of criminal law.Author thinks that, theconception of cognitive error should be excluded out of negligence．Studying themeaning of cognitive error theory and deliberately theory，it is not difficult to findthat cognitive error theory is one of derived theory in deliberately.This article dividedcognitive error of constituent elements into the cognitive error of specific facts(cognitive error within same constituent elements)and the cognitive error ofabstract facts(cognitive error within in different constituent elements).Deal with the situation of cognitive error of constituent elements，this article take of the theory ofstatutory compliance. By discussing the theory of cognitive error to lay thefoundation for the cognitive error of Joint Crime.The third part，the cognitive error of joint crime and workaround. The third partis the key part of this article. In this section, the paper will be divided cognitive errorof joint crime into error of constitutive requirements in the same forms of joint crimeand the error of constitutive requirements in the different forms of joint crime. Thissection initially builds theory of cognitive error of joint crime and discusses cognitiveerror occurred in principal offender, accessory offender and abettor, and thenproposed method of how to account criminal responsibility.