| As a more complex criminal model in the study of criminal law theory,joint crime is often associated with other criminal forms in practice,which leads to more disputes and puzzles in the identification,such as transforming offenders.For the transformed offender,when the individual in the process of committing the crime,the judicial organ may be convicted and punished in accordance with the provisions of the criminal law.However,it is undeniable that in the process of carrying out a crime jointly by many people,when some of the actors carry out acts beyond the scope of joint discussion of all the actors,and accord with the provisions of our criminal law on the conversion of offenders,There will be the problem of criminal transformation of different common criminals in joint crimes.Unfortunately,the theoretical circle of criminal law has only a few studies on the transformation of joint crimes,and the practical circle,because of the lack of clear theoretical guidance,leads to the inconsistency of judicial determination of related cases,and is often mixed with the relevant forms of other joint crimes.Based on this,the author will use the relevant theoretical knowledge of joint crime,transformation crime and other relevant cases in practice,in-depth and meticulous exploration of the difficult and controversial issues of joint crime transformation crime,aiming at whether to transform,how to transform and the scope of transformation in the case of joint crime,so as to provide specific and operational guidance for judicial practice to solve related problems.The paper consists of four parts.The first part introduces the research background of this paper,summarizes the related research results at home and abroad,introduces the research methods and possible innovation points of this paper.The second part discusses the main points of the theory of joint crime.First of all,from the point of view of the essence of joint crime,the different theories of accomplice relationship are compared and analyzed,and the identification path of joint crime is clarified.Finally,the difficult and controversial problems in the related cases are analyzed as the guidance of further explanation below.The third part discusses the constitution condition of the co-offender and the relation with other forms of accomplice.First,according to the basic principle of unity of subjective and objective,this paper analyzes the conditions of its establishment from three aspects: subject qualification,subjective ideology and objective criminal behavior.Then,according to the typical cases in practice,the relationship between the transformed crime and the aggravated crime is analyzed.The fourth part discusses the determination of the responsibility of the co-offender,based on the classification of the co-offender and the co-offender in the necessary co-offender,and discusses the real cases in judicial practice and the related judgment results The problem of determining the responsibility of the co-offender.In this paper,according to the main and objective aspects of the common crime,the author makes a definite judgment whether it should be transformed or not,and extracts many factors that need to be considered in the face of the real case. |
