Application Of "Partial Implementation Of Full Liability" From The Perspective Of Imputation

The theory of joint crime is an important part of the building of criminal law theory,and it is the "chapter of despair" of criminal law theory because of its profound complexity and complexity.Controversy at the level of traditional theory has further caused confusion and tearing of judicial practice,and the understanding of Article 25 of the Criminal Law in traditional theory has caused the practice of the judiciary to either have nothing to do with the crime of joint negligence or to break through the provisions of the Criminal Law to apply the common crime.The problem of joint negligence crime has become a great test of the traditional theory of common crime.The author thinks that the traditional theory of the aphasia of joint negligent crime is reflected in its incapacity of imputation,which is basically the misunderstanding of the "partial implementation of total responsibility".From the perspective of imputation,this paper reexamines the connotation,nature and composition of"partial implementation of total responsibility",and concludes that "partial implementation of total responsibility" is the objective imputation of collective collective behavior.The first and second parts of this paper elaborate the deduction and production of this conclusion,and the third and fourth parts examine the reasonableness and feasibility of this conclusion in judicial practice and legal hermeneutics.The first part compares the theoretical characteristics of the theory of the theory of the accomplice of responsibility,the theory of the accomplice of the law and the theory of causal accomplice,and expounds that the punishment of the common crime lies in the causal relationship between the common act and the result of the infringement of the law.On the basis of causal accomplice theory,sum up the punishment mode of joint crime,first by"partial lying full responsibility" to determine the scope of punishment,and then through the main accomplice,their respective roles to determine the specific criminal responsibility.Combined with the punishment mode of joint crime,compared with the two composition theory,"partial implementation of full responsibility" function positioning,and finally"partial implementation of full responsibility" locked in the scope of responsibility.Implement full responsibility "with" part of the second part is the common behavior person imputation of illegal level as a starting point,with the method of concept analysis of"parts to full responsibility for the" inner meaning,nature,constitute a parse reflection,such as comparative research on criminal common says together with the behavior,subjective and objective imputation of liability fixation,the function of the joint crime in different level of the facts and the law,thus draw this paper argues that "part of full responsibility for the"applicable scheme:objective imputation of collective common behavior phenomenon.In the third part,an example is given to verify the effect of the application of "partial implementation of full responsibility" in dealing with the result of a crime in practice.The fourth part starts from the literal meaning of the law and breaks the provisions of article 25 of the criminal law into pieces to verify the rationality and appropriateness of the applicable scheme of "partial implementation of full responsibility".Restore the essence of the phenomenon that "partial implementation of full responsibility" objectively impute responsibility to the collective of common behaviors,and promote "partial implementation of full responsibility" to further effectively guide the treatment of multiple behaviors resulting in a criminal result in practice,which not only maintains the seriousness of the criminal law,but also reflects the flexible remedy of criminal theory.