Study On Criminal Liability Of Conspirators

The problem of conspiracy has always been an important issue in the field of criminal law.The time period of conspiracy and the content of conspiracy are often confused with other similar forms of criminal cessation and the nature of criminal acts.The related research on conspiracy started late in China,while in Germany,Japan,Britain and the United States and other countries where the criminal law theory system is more perfect and mature,there are more systematic and systematic research from theory to application of legal provisions.Further expanding the connotation of the existing concept of principal offender will be similar to "behind the scenes" according to the principal offender,or will conspire to establish independent charges and set up relevant procedures,conviction standards and degree of responsibility.The formation and construction of the theory of criminal law system in our country drew lessons from the Soviet Union in its early years.After the continuous improvement and development of criminal law theory and judicial practice in our country,a unique theoretical system of our country has been formed,which is different from the continental law system represented by Germany and Japan and the common law system.The evaluation of the nature of conspiracy criminal law and the identification of the nature of conspiracy crime are all focused on the issue of criminal responsibility.On the basis of the existing research on the concept of conspiracy,the connotation and extension of conspiracy are summarized,and conspiracy is recognized as an objective act,and the types of conspiracy are classified according to different criteria,which is the basis for further in-depth study of the criminal responsibility of conspiracy.According to the existing criminal law of our country,there is no specific provision for conspiracy.The investigation of the criminal responsibility of similar conspirators is more embodied in the investigation of organization and planning in specific organizational crimes.In the aspect of accomplice status,it also focuses on the identification of the responsibility of the principal elements and active participants.Conspiracy in such crimes is only stipulated in a more obvious and typed way of behavior.On the one hand,it is not separately evaluated by the crime committed.On the other hand,if there is a state ofcessation of criminal preparations,it will naturally classify conspiracy as preparatory behavior,so conspiracy is not considered separately in joint crime.However,conspiracy often plays an indispensable role in joint crime.It does not play a very good normative role to determine the conspirator's guilt only on the basis of the conduct,without considering the impact of different circumstances on the degree of the conspirator's guilt.This paper focuses on the framework of the theory system of complicity in our country,and compares the relevant theories and legal provisions.Because of the different theoretical foundation and system construction in our country,it is necessary to analyze and solve the problem of criminal responsibility of conspiracy based on the theory of our country,combine the existing theoretical research analysis,and study the theoretical and practical value of foreign mature theory to explore its reference.Conspiracy is usually divided into three situations,in which the more controversial is the case of not doing it.In this paper,the problems discussed in this situation are supplemented with actual cases to analyze and discuss,and try to solve the problem of the division of responsibility of conspiracy in this complex situation,and to clarify the similarities and differences between the concept and the division of responsibility between conspiracy and other acts of complicity.