On Common Behavior In Joint Crime

As the most common form of crime in judicial practice,joint crime exists in judicial practice.Judging whether it constitutes an accomplice is the first problem that needs to be resolved in a judicial practice for a joint crime,that is,the essence of joint crime.The definition of joint crime in China's criminal law is: joint crime refers to the joint intentional crime of two or more people.The academic interpretation of the common crime is: the joint criminal behavior refers to the criminal behavior of the two people or more that is jointly implemented under the control of the joint criminal intention.From the above two concepts,we can draw the conclusion that the focus of joint crime is the commonality of behaviors,and that “joint behavior” is the essence of joint crime.In the common crime,"common" is "subjective deliberate plus practice",then does the lack of "subjective intention" constitute a joint crime? There is a lack of joint deliberate joint criminal behavior,that is,one-sided accomplice behavior,excessive behavior and neutral help behavior.These three behaviors are reduced in the degree of subjective intentional and intentional communication.One-sided accomplice and the implementation of excessive behavior are objectively present.There is no doubt that denying that they belong to a joint crime will only cause actual confusion in judicial practice.According to the behavior,it is not required to have the ingenious intentions of the individual prisoners,nor to maintain consistency in the crimes.Although there is no intentional contact between the various prisoners and there is no subjective factor of joint deliberateness,it is a crime in itself to use the criminal acts of others to achieve their criminal purpose,achieve the expected criminal outcome,or exceed the expected effect.The circumstances that constitute the elements are therefore considered to be joint crimes.Neutral help behavior is under the false neutral cloak,helping illegal and criminal activities and promoting the results of illegal crimes.The subjective aspect of neutral help behavior is indirect intentional because it has foreseen the occurrence of criminal behavior or criminal outcome.NeutralHelping the actor to be obligated and capable of avoiding theoccurrence of harmful consequences,but failing to perform the obligation and having a causal relationship with the result of the harm should be considered as a joint crime.The lack of joint implementation is a total of two situations.One is that some actors have participated in conspiracy but have not participated in the infringement.When they are punished,they must judge whether they are joint crimes according to the degree of conspiracy.The other is that some actors are If there is complicity and arrives at the scene,but the violation is not carried out,it is necessary to judge whether it is a joint crime based on the result of the violation,that is,to "consume the result."...