A Study On Joint Acts Of Accomplice Offence

The problem of joint criminality is not only a problem of the common crime theory but also an application problem,and the application of the theory of the common crime has always been divided between theory and practice.The main differences are reflected in the following three areas: First,the justification of the joint criminality of accomplices;Second,the nature of joint criminality;The conditions for the establishment of joint crimes under the four requirements are basically based on the theory of accomplices of responsibility,extreme forms of subordination,and common crimes,and there is no specific identification path.The improper narrowing of the scope of the establishment of joint crimes lies in the failure to accurately recognize the normative purpose of joint crimes and the identification path based on the illicit jointness.The law of joint criminality is a common crime identification path centered on the principal offender.To clarify the normative purpose of the theory of common crime,the justification of the law of joint criminality must be specified.In the justified basis of joint and several violations of law,the theory of causality complicity has replaced the theory of liability accomplice,and the theory of accomplice has become the mainstream doctrine.The internal mixing of causal accomplice theory has aroused more support for its admissibility of accomplices without accomplices and denial of accomplices without accomplices in theory.The main difference on the nature of joint crimes is the dispute between the common theory of crimes and common behaviors.The common theory of behaviors is supported by its reasonable violations and responsibilities.The nature of accomplices illustrates the principle of jointness of laws.Based on the theory of causality and accomplice,combined with the criminal structure of class theory,the common crime view of illegal forms has become a natural logical conclusion.At the same time,it revealed that the normative purpose of joint crime is to attribute the results of legal violations to each participant,regardless of the level of responsibility.With regard to the identification of joint crimes,under the premise of the concept of common crimes in the form of illegality,upholding the principal offender as the center,determiningthe establishment of a joint crime with causality,and determining the illegality of an accomplice to solve the problem of joint crimes based on "the principle of joint violation is illegal".Specific identification of path issues.