Identification Of Criminal Responsibility Of Rape Participants

Cases without criminal responsibility age and with criminal responsibility age to jointly commit a crime are increasing in reality,and even people without criminal responsibility ability play a leading role in joint crime.In this case,there may be a dispute on conviction and punishment,resulting in unreasonable sentencing.Based on the analysis of the rape cases of He,AI and Zheng,this paper first points out two controversial focuses in the cases.One is whether the crime committed by he and the person without criminal responsibility ability can be identified as a joint crime,the other is whether the principal offender does not bear criminal responsibility,and whether he is punished according to the legal circumstances of the accomplice The discussion focuses on the different viewpoints and reasons of the existence,and from the constitutive requirements of the crime,sentencing and other aspects of how to identify he and the person without criminal responsibility to commit rape,Finally,the author thinks about the age of criminal responsibility in the constitutive elements of crime,and points out that the identification and control ability of the perpetrator should not be identical with the age of criminal responsibility,but it is more appropriate to regard the age of criminal responsibility and the capacity of responsibility as the factor of responsibility resistance of the subject of crime.By comparing the theory of four elements of crime constitution And three-level crime theory,put forward to introduce three-level crime theory to solve the problem of accomplice of different responsibility ages in judicial practice.