The Research On The Attribution Of Our Country's Crime Participation System

The article 25 of our country's criminal law about the joint crime has taken a very brief way,yet this simple and clear provisions of the criminal law brings huge challenges to the judicial practice and criminal law theory research.What means "joint ",what means "joint crime",what means "joint intentional crime" all are the problems need the further explanation.Facing these problems,different scholars basing on different positions may come to different conclusions,which leads to the dividing line between the theory of behavior in common and the theory of crime in common.Certainly,this is just the tip of the iceberg of joint crime problems research.The research about the attribution of our country's crime participation system may the more important issue.The crime participation system is the issue about who is the principal in the joint crime.In the modern criminal legislation in different countries exists two different system:the distinguishing system and the unitary offender system.The former disguise the principal and accomplice,which punishes them with distinct penalty;The latter pays more attention to the relationship between the act and the results of legal interests violation.After determining who is the principal,the determination of penalty is the mission in next stage.There is no doubt that the research on the attribution of our country's crime participation system is the base of the research of joint crime.According to the article25 to article 29 of our country's criminal law,and on the vision of legislative intent,the characteristics of legislation,the relation between law article,legislative trends and the classification of joint-crime,our county's criminal law adopts a unitary crime participation system,which can also solve the issue of using the others as guilty tools properly.