Research On The Correspondence Offense

Correspondence offense is an important form of joint crime,which exists widely in the provisions of criminal law.The relationship between correspondence offense and joint crime in the general provisions of criminal law is an important research topic in the criminal law field at home and abroad.Correspondence offense’s basic theories,especially its concept,features,scope of establishment,the meaning of the corresponding relationship,and the nature of corresponding actions have a profound impact on this subject.This article focuses on the controversy in the basic theory of correspondence offense,and tries to promote a better connection between the basic theory of correspondence offense and its punishment.It should be considered that,correspondence offense refers to a form of joint crime in which the corresponding behavior of both parties are necessary for the realization of the constitutive requirements.It has five characteristics: the two sides of the subjects,the correspondence of the content of their behavior,the dependence of the structure,the identity of the infringement of legal interests and the difference of the content of the two sides’ responsibility.The traditional theory of joint crime will narrow the scope of the correspondence offense.The theory of behavior in common from the objectivism should be taken to identify the correspondence offense at the illegality level and the conclusion can be drawn that there are three different types of correspondence offense in the criminal law rules: the same punishment under the same crime;the same punishment under different crime and different punishment under different crime.One-sided correspondence offense is not joint crime,it can be regarded as one kind of corresponding actions possessing the characteristics of correspondence offense in a broad sense.In the investigation of the corresponding relationship,there are doubts about the theory of corresponding subjects,the theory of corresponding actions should be adopted.The corresponding relationship should include the corresponding relationship between the contents of the two parties’ behavior and the identity relationship of the infringement of legal interests.The corresponding actions have both the nature of the action of principal offender and the action of accomplice,which can be confirmed from the perspective of the interaction and manifestations of corresponding behaviors,the identity relationship of the infringement of legal interests,and the harmonization of legal punishment.In principle,the general provisions of the criminal law concerning principal offender and accessory should apply to the correspondence offense in which both sides should be punished.However,the type of different punishment under different crime of the correspondence offense is an exception.The analysis about whether the party who is not punished by criminal law in the one-sidedcorrespondence offense can be punished can be divided into two steps: basic premise and specific judgment.The basic premise is to exclude situations from specific judgment procedures where,based on the specific meaning of the provisions of the criminal law,the system relationship between the articles,the purpose of the articles,and the actual effect of the protection of legal interests,the conclusion can be directly drawn about whether the party who is not punished by criminal law in the one-sided correspondence offense can be punished.The specific judgment refers to the comprehensive use of the theory of legislators’ purpose,the theory of substance,and the theory of punishable normative purpose to determine the scope of punishment for the party who is not punished by criminal law.