Research On The Identification Of Joint Crime

The traditional general theory of identifying joint crimes in my country has the characteristics of requiring all actors to have a common intention,have the age and capacity of criminal responsibility,and commit the same crime,which leads to no distinction between illegal and responsibility,no distinction between narrow accomplices and principal offenders,and no investigation.The participants and the main offender create defects such as the causal relationship of the fact that legal interests are infringed,and then cannot explain the joint crime,negligence joint main offender,and one-sided accomplice between the responsible age and the non-responsible age,and improperly narrow the scope of the joint crime.The reason for solving the complicated problems of imputation in the field of accomplices is that the four-element system is used as the "foundation" of the theory of accomplices,and for a long time,it has long insisted on understanding crimes in the sense of norms and criminal responsibility,and applied this concept to joint crimes.,resulting in the establishment of joint crime and the punishment of joint crime indistinguishable,and the "common" in joint crime is understood to be the same and the same,which makes the traditional joint crime theory generally talk about the theory of choice responsibility accomplice,extreme subordination,and joint crime theory.become natural.The philosophical thinking of fact judgment and value evaluation in the hierarchy theory understands crime more logically.It is divided into two dimensions: objective facts and can be blamed.Facts are the premise of blame,blame is the condemnation of facts,and joint crime is an objective violation of the law The special form of stratum refers to the fact that two or more people work together to infringe on legal interests,and the objective fact that legal interests are damaged or is at risk of damage due to the "joint effort" of two or more people should always adhere to the principle that "violation is joint and several,and responsibilities are separate." The underlying principle is that the objective illegal acts of various actors are jointly and severally.The elements of the responsible class cannot be jointly and severally,and the content of the responsibility layer should not be required to be the same.The determination of joint crime only solves the objective and factual problem of joint and several liability for infringement of legal interests.As far as the identification of aiding criminals and abettors is concerned,the theory of compromise causal accomplices and the theory of limited subordination should be adopted.For the identification of common principal offenders,the theory of common behavior should be adopted.It should affirm the joint crime,negligence joint principal,intentional crime and negligent offender,one-sided abettor,one-sided aiding offender,and one-sided joint principal offender between eligible subjects and nonqualified subjects.Among the negligent common offenders,the common violation of the duty of care and the common behavior are not mutually exclusive,and the simultaneous negligence explanation ignores the fact that the legal interests are damaged by the "joint force" of two or more accomplices.The essence of one-sided accomplices lies in one-sided joint and several liability,that is,only the party with a sense of participation applies the joint and several liability for joint crimes.One-sided accomplices are fundamentally different from indirect principals,and onesided accomplices cannot be treated as indirect principals.The commonality of the causal accomplice theory and the common behavior theory is that they both believe that the basis for joint liability is causality.The identification of joint crimes is actually an objective causal imputation methodology,which should focus on analyzing causal relationships,and adhere to the order of first offenders,then accomplices,first physical causality,and then psychological causality.Or the coexecutors are the starting point,take the analysis and deduction of causality as the methodology,and make objective joint and several liability judgments.On the premise of having a sense of participation,if each participant has made a "joint contribution" to the fact that legal interests are violated,it can be determined that each The participants establish a joint crime,determine whether to distinguish the principal and accomplice according to the role of each actor,and then evaluate the responsibility elements of each participant separately,and decide which responsibility element to apply to each participant to criticize or not to criticize.