The Study Of Plotting Co-principals

This paper makes a systematic and comprehensive study on the question of plotting co-principals.Plotting co-principals means that many people are deliberating for the purpose of committing a crime,but only a few of them have acted on the basis of negotiation,in spite of this,all the people should be identified as co-conspirators.In order to properly measure the responsibility of the criminal who join the deliberation but took no actions,the concept of plotting co-principals had been created by Japan's criminal law case,which has been more than 100 years old.For a long time,the theorists had vehemently opposed the idea.In order to seek theoretical support,scholars have put forward many theories,such as “Common sense subject theory”,“Objective behavior domination theory”,“Dominance theory”.With the advance of research and trial,academics are beginning to support the concept of plotting co-principals.Nowadays,no matter in the theory or practice of Japanese criminal law,this concept has become an unshakable theory.Due to the difference of criminal law system,especially the theory of common crime,the concept of plotting co-principals lacks attention and research in our country.To deal with similar situations in practice,experts are used to judging criminal responsibility by their role in crime,which avoiding the research of the nature of behaviors.However,in the process of identifying common crimes,the identification of actions should take precedence over sentencing.The role of each criminal played in a crime should be determined by their behaviors.Plotting co-principals is not alegal concept in China's criminal law,however,just because of the lack of clear rules about it,such research is more valuable.It can help us to test whether the existing theories are reasonable,and better serve the needs of judicial practice.Therefore,it is feasible and necessary to study this theory in our country.This can helps to precisely deal with similar problems in practice,at the same time,reflecting on the system of common crime.Specifically,plotting co-principals need to meet the following conditions: the fact of collusion;only a part of criminals had actions;the sharing of action.Plotting co-principals is different from the indirect principal offender,the instigator and the help offender,but there still existing something in common among them.If the conspirators cut off the connection with the actor,he can break out of the common criminal relationship,and take no responsibility for the crime.As a special type of common crime,the conspirators need to take full responsibility for the crime,at the same time,he was independence in punishment.This article is divided into four chapters:In the first chapter,the article introduces the concept and development of theory.It analyzes the different attitudes of academia and judicial circles to the theory,discussing the meaning of study the system in our country.In the second chapter,the theoretical basis of this system is studied.The article studies the identification method of mutual crime and principal offender,putting forward that the dominance theory is suitable for plotting co-principals.In the third chapter,the establishment conditions of plotting co-principals are studied.To establish a plotting co-principal,the following conditions need to be met:the fact of collusion;only a part of criminals had actions;the sharing of action.The article also studies the relationship among plotting co-principals and the indirect principal offender,the instigator and the help offender.In the fourth chapter,the article studies the separation and punishment of plotting.It argues that only by cutting off the causal relationship between the two,can the mutual crime be separated.The punishment for it must follow the principle of full responsibility.