On The Diffusion Of Criminal Responsibility In Joint Crimes

In recent years,with the continuous emphasis on criminal policy for the active prevention of criminal law,criminal responsibility has been expanding.In the field of joint crime,the most prominent manifestation is that the accomplice is the principal offender and the joint negligent crime is constantly recognized by legislation and judicial,so the number of relevant legislation and judicial interpretation in criminal legislation is also rising.However,there are also many controversial voices,that "it leads to the expansion of the scope of the criminal law,violating the principle of modesty and restraint of the criminal law." But from the point of view of literal meaning analysis,in fact,this kind of legislation does not wantonly expand the scope of criminal law,but only makes the object regulated by criminal law theory more clear and cultural,rather than expanding the scope of the original law,in fact,it restricts the exercise of penalty and protects human rights.The best example is the new legislation in the field of counter-terrorism and computer.In addition,from the perspective of interpretation of the norm itself,the existing criminal law provisions are analyzed one by one,which does not harm the basis of the criminal law.But because it is legislation itself,the boundary of the law still needs to be explained clearly,so it will also bring about negative effects,that is,the scope of penalty is expanded,so it is necessary to reform the mitigation of penalty at the same time.Under such an international trend,combined with the traditional idea of "benevolence",the penalty of our country will be punished.The punishment system is improved to "strict but not harsh",so that the criminal law can play the best effect.