Study On The Successive Joint Principal Offender

Successive joint principals refers to the first perpetrator has started to act the part of the implementation,when the implementation of the act has not yet been completed and the crime did not enter the pattern of discontinuation,the latter perpetrator who based on the full understanding of the behavior and results of the former perpetrator,through communicates with the perpetrator who acted first,then finally finish the rest of the execution by himself alone or by they two.Because the latter perpetrator joins in the crime after the former perpetrator has implemented part of the implementation of behavior,therefore, there is controversy in the criminal responsibility of the latter perpetrator who involved in the post intervention later.This theoretical controversy reflected in the judicial practice namely:There is no basis for the judge to deal with specific cases.The lack of theoretical research will lead to the uniform of the conviction and sentencing.This is not completely because of the loopholes in the theoretical research, It should also be attributed to the complexity of the criminal responsibility of the latter perpetrator:Different kinds of charges need to be discussed in different points.However the reality is that Chinese current research about the criminal responsibility of the latter perpetrator of the successive joint principal offender has not solve the problem.The author uses the methods of literature research, logical analysis, comparative study and comparative study to analyze the problems in this paper.To research the criminal responsibility of the latter perpetrator, first of all we should grasp the basic concepts of successive joint principal offender, at the same time we also should clearly define the forming conditions and characteristics of the successive joint principal offender.On this basis,through detailed summary of information about the criminal responsibility of the latter perpetrator in the joint principal offender,the auther lists the current domestic and foreign literature about successive joint principal offender.We can mainly divided it into "affirmation", "negation", " Limit of affirmation " and " limited negation ".Next is the evaluation of the theory of the analysis, the author analysis the weakness of these view of criticism, and ultimately lead to the author’s point of view, also the innovation of the article:The key to determine the criminal responsibility of the latter perpetrator in Successive Joint Principal Offender is the possibility of infringement of legal interests,according to the negation which based on the possibility of infringement of legal interests,We can use the possibility of infringement of legal interests as the standard to separate the charges.And then according to the legal interests of the latter perpetrator in fact may infringe upon the starting point to identify the perpetrator of criminal responsibility.