Research On The Fact Cognitional Error Of Joint Crime

The fact cognitional error of joint crime was a complex proposition in the theory of accomplice and errors; there are many problems in judicial practice. Because the criminal law theory of our country has not formed a systematic theory system on the fact cognitional error of joint crime, therefore, the author proposed that we can on the basis of the criminal law theory of our country, and reference the view from the foreign criminal law theory about the fact cognitional error of joint crime, according to the research methods of philosophy, to analyzing the specific problems in the judicial practice about the fact cognitional error of joint crime.Due to the study of the fact cognitional error of joint crime is on the basis of the factual errors, so through the analysis of the fact cognitional errors' concept, it is concluded that the concept of the fact cognitional error of joint crime, that is in the process of joint crime, among the co-perpetrators, their subjective cognizance of the joint crime facts are inconsistent with the objective results. At the same time, according to the concept of the fact cognitional error of joint crime, we can split out three aspect characteristics, first the prerequisite was the establish of the accomplice relationship, second it should on the basis of crime-forming facts, finally the fundamental was the actor should appeared cognitional error. After analysis the concept of the accomplice fact cognitional error, we also need to know its classification. Because the accomplice fact cognitional error have so many species, therefore, in order to made an scientific and rational classification for it, the author through analysis the accomplice fact cognitional error classification of the continental law system and Anglo-American law system in criminal law, and the traditional classification method in our country, and reference some beneficial results from it to conclude the classification about the accomplice fact cognitional error in our country, it was mainly according these three different classification standards, such as the different of subjects, the different of constitutive elements of crime and the different of content.Finally, I think we should under the guidance of the subjective and objective unity principle, according to the different processing standards and combined with the specific situation of the case, to made a detailed exposition in this paper, when the Joint perpetrators, instigator, accessory offender have the fact cognitional error in the same constitutive requirements and the different constitutive requirements about the accomplice fact cognitional error.