Discourse Upon Regarding Aiding Act As Principal Offender

Regarding Aiding Act as Principal Offender means that give an independent accusation in Specific Provisions of Criminal Law for the Aiding Act that belongs to The Theory of Joint Crime Theory,then separately evaluate these acts by Specific Provisions of Criminal Law.And accordingly,when Specific Provisions of Criminal Law could judge the person's acts,then condemn by Specific Provisions of Criminal Law.These legislative model has been established long times ago.Typical and Atypical division will be conducive to cognizance of case facts.It had caused widely controversy in academic circles.What challenges it has faced is brings severely penalization and influence the balance of penalization structure.It become a not allow to neglect question that in the background of risk society,whether theoretical level or practical level,it has positive significance.Provide theoretical basis for punishing special type of crime,such as Afterwards Aiding Act.And achieve a balanced offense.It will help to balance the advantages and disadvantages based on realistic urgency,improve the protection of legal benefits,protection of major legal interests,solve evaluation of vacancy of Joint Crime Theory,to restrict range of criminal legislation.There are lots of crimes that belongs to behavioral crimes through crime description among the new charges.Although many scholars advocated that behavioral crimes had no attempted state.But whether behavioral crimes or consequential offense,it exist a developing process from starting to ending of the acts.If the crime happened within the process,and accord with the provisions of criminal law on attempted offense,the behavior should be punished as attempted crime.