The Study Of Successive Joint Complicity

As a special form of crime in joint crime, successive joint complicity is an indispensable element. At first, it was continental law system began to study the theory of this phenomenon, which Germany and Japan constructed a pretty complete theory on issues of successive joint complicity. With introduction of Japan and Taiwan scholars,domestic criminal law scholars start to pay attention to it in recent years. From current books, articles written by domestic criminal law scholars, we shall find the majority is placing it in co-perpetrator area to discuss, thus the study focused on the successive co-perpetrator and related issues, little to mention on successive abettor and complicity instigator. And when researches on liability range of successive joint complicity, there are confusing foundation on criminal liability of successive joint complicity or avoid discussion of it so that there is misrepresentation on identification of successive joint complicity liability. This article will discuss successive joint complicity on the founda-tion and liability as different aspects, start with the concept of successive joint complicity, analyzes established criteria of successive joint complicity, then focuses on the most intense part of the dispute-criminal liability range of successive joint complicity.After the presentation and comments on related criminal law theories existed on states.Author will put up with her own opinions——advocating distinguish between single behavioral offense and complex behavioral offense in different occasions to research on liability of successive joint complicity,making a specific analysis through linking with typical cases. Generally, limited definitely theory is preferable, but we can’t treat different things as the same, judgment shall vary on liability range of successive joint complicity for different behavior types.This paper mainly includes three parts content:The first part is basic explanation of successive joint complicity theory, includingthe concept of successive joint complicity, classification and the establishment of conditions. I have a more comprehensive understanding of the scholars’ current controversy through this part. In this paper, I put forward my views on the concept of successive joint complicity, which establish successive joint complicity based on the level of formal concept, and to the recognition; I classify successive joint complicity as substantive level and be discussed in the last part. In addition, although successive co-perpetrator is the norm, but also successive abettor undeniable objective, therefore it has retained a seat, but successive joint complicity instigator is excluded.The second part discusses the range of successive joint complicity, this article is divided into single and complex acts, which is a prerequisite for the third part of this article. This paper holds a positive attitude to that the single behavioral offense still occurs successive joint complicity, and noted that doubts when handling related cases,demonstrated the necessity in a single behavioral offense.There will be different conclusions through the analysis of three typical cases and make a bedding for the following forms of successive joint complicity liability.The third part is a discussion of successive joint complicity liability, which is the problem ultimately to solved, but also the core of this paper. Which consists of two levels: first, whether the response behavior after the entire criminal offenses by the first part of the criminal acts that have been implemented with human intervention after the accomplice posed assume responsibility; second is whether the response behavior after the former first human involvement in crime caused by the aggravation of the results bear criminal responsibility. This article describes the four theories, they are definitely, limited definitely, negative, limited negative theory. Conclusions are inferred through citing several types of cases in single behavioral offense and complex behavioral offense: in the case of single behavioral offense should adopt different theories to be judged according to the different types of behavior, criminal behavior in complex single behavioral offense adopt limited definitely theory to identify the criminal liability of successive joint complicity.