Study On The Recognizing Errors Of Abettor

Abettor recognizing error problem is to discuss the understanding errors of the perpetrators that are put in the theory of accomplice. In general, the legal effect of understanding error is whether negates the criminal intention or responsibility. However, discussing the recognizing errors in accomplice theory necessarily involves: legal effect of recognizing errors of abettors or perpetrators is just happened to themselves or the whole actors.Firstly, he abettor recognizing errors is divided into overall understanding error and individual understanding error. The overall understanding error consists of factual error and law error, is caused by common and consistent error that is happened to abettors and perpetrators, so it is considered as entirety and be handled according to the theory of recognizing errors of separate crime. In abettors’ individual recognizing error, according to the traditional classification, the fact error and law error were analyzed separately.In factual errors, including object errors and strike errors, that is divided into three parts. And the classified standard is who made a recognizing error, for example, recognizing error may be happened to abettors or perpetrators, and it also can be happened to them. It mainly discusses the differences about conviction and sentencing among the theory of concrete conformation, the theory of statutory conformation and the theory of abstract conformation, and then demonstrates the rationality of the theory of statutory conformation. It acknowledges the legal effect of factual error is to negate the perpetrators’ criminal intention. However, the coverage of its legal effect should be determined according to the principle of a legally prescribed punishment for a specified crime of the principle of crime. When it comes to the different constituent elements of factual error, if the abettor and the perpetrator have different thinking about the crime, it should be considered as a common crime problem, rather than a abettor recognizing error problem. It means that the problem should be solved by determining the establishment of a joint crime. In so doing, it can avoid complicated and confusing.In legal errors, it is divided into three parts. And the classified standard is who made a recognizing error, for example, the recognizing error may be happened to abettors or perpetrators, and it also can be happened to them. When it comes to the positive error and the error about specific charges and sentencing, the solution to handle them is according to the principle of a legally prescribed punishment for a specified crime of the principle of crime. However, when referring to the negative error, it should analyze differences among the theory of illegal consciousness, the theory of intention and the theory of liability. Further demonstrating the rationality of the limitation of liability, that is, the law error only affects the man who made the mistake, and negates his liability.In dealing with the problem of abettor recognizing error, be sure to follow the principle of consistence with subjective and objective based on the crime constitution, and the principle of a legally prescribed punishment for a specified crime of the principle of crime. In dealing with the factual error, its theoretical basis consists of the theory of concrete conformation, the theory of statutory conformation and the theory of abstract conformation. In addition to this, it also consists of substantial equivalence theory, the theory of crime constitution and the theory of intentional danger. Besides, in dealing with the law error, its theoretical basis consists of the theory of illegal consciousness, the theory of intention and the theory of liability.