Advocate Of The Joint Behavior Theory

What the common elements does the "common crime" refers to? Dose it need to meet the elements of a common crime or only need to satisfy the requirement of act together? What the range of the establishment of a common crime? On the question about nature of the common crime, the criminal law theory has always been controversial. German and Japanese criminal law scholars mainly advocate common crime theory and joint behavior theory, common crime theory is then subdivided into complete common crime theory and part common crime theory; joint behavior theory is also divided into former joint behavior theory and constitute elements of the behavior in common theory. However, behavior of complete common crime theory and the former joint behavior theory have been abandoned already, because they can not properly deal with the problem of joint crime. This thesis will only focus on the part common crime theory(herein referred to the common crime theory) and the constitute elements of the behavior in common theory(referred to the joint behavior theory). Common crime theory from an overall point of view, stressed that to establish joint crime we have to satisfy the crime in common. Because of focusing on the elements of stereotypes, it control the crimes in a reasonable range, and has gradually developed recently in our country. But the theory is difficult to explain a series of problems, such as negligence accomplice, one-sided accomplice, inherits accomplice and so on. However its counterpart joint behavior theory is based on individual, argues that there can be the establishment of a common crime, as long as crimes meet the requirement of behavior together. So many scholars doubts it will enlarge the establishment scope of common crime theory, resulting in sentencing unfair suspicion, and only small part of domestic scholars praise this theory highly. Through the detailed analysis of this paper, the joint behavior theory will not lead to injustice, but can be a reasonable solution to the problems which common crime theory can not solve.In order to discuss which theory is more suitable for China, this paper will illustrate these questions by four parts:To begin with, give the brief and concise introductions of common crime theory and joint behavior theory.Secondly, it focuses on the application of the two theories to different cases in the judicial practice. In this part, this theory will distinguish two situations: one is about the cases that have same conclusions by using these two theories, another one is the cases of different conclusions according to these theories. Through the comparison and analysis of the results of the judicial application, we will discuss the advantages and disadvantages of common crime theory and joint behavior theory, and then talked about the logic and judicial application of two theories.Third, this theory will make the conclusion that joint behavior theory has more advantages and are more suitable to China.Finally, this theory will propose some suggestions on legislative and judiciary, in order to provide a better living environment for the joint behavior theory.