On The Selection Of Common Criminal Facts

In the civil law countries, such as, type of joint crime is a statutory accomplice, criminal law scholars have carried out extensive research, and obtained good results.In the current facts of a crime of the nature of theory system, based on the theory of combing draw a DE facto standard of common crime, and try again on the basis of facts and value of alternative classification, this paper discusses the common crime, only up to the standard of the subjective and objective unifies this fact choose a common crime, can be regarded as the common crime, and the value of a common crime only through legislation as a joint crime, give play to the role of value added.This fact and value standard is to choose a common crime phenomenon of classification processing system to handle the problem significance.In this paper, besides introduction and conclusion, total is divided into three parts:The first part of the definition of joint crime, First of all, common crime as criticism, the value of standard for the cognizance of common crime, shall be in fact standard, namely the subjective in the sense of the common practice, objectively has common behavior.The second part, choose the type of a joint crime. Respectively on the basis of facts and value of alternative classification, this paper discusses the common crime, by looking for composition and risk factors reflect the fact, through the division of these factors to reflect the difference between fact and value.The third part, the division of different alternative joint crime. Only in conformity with the DE facto standard, identified as common crime; Value choice of a common crime, if you want to use it as a joint crime, legislation should be stated.The innovation of this article embodied in on the fact and value standard to choose the common crime is classified and discussed through theory and examples of this classification in detail and proves that the alternative is obtained common crime of solution, and points out that the division of different alternative joint crime.The deficiency of this paper lies in that, in the common crime as the value standard of criticism, with Germany and Japan system of criminal law theory and related theory, the author related theoretical knowledge is insufficient, there may be to understand and grasp is not enough.