DiscoveryandRevocable Implicated Offender

The study of implicated offender is not only a subject of important and practical value, but also one of the problems in criminal law theory and criminal justice. Therefore, it has been a focus for a long time in the fields of criminal law theory and criminal justice. At present, there is no united cognition of issues such as the essence, attributes, forms, characteristics, penalty principles and etc. of implicated offender in criminal law theoretical circle yet, however, at times, the phenomena of the involvement of guilty conducts arise in the practice of criminal justice. The supreme judicial authority conducts a lot of clarification of implicated offender and regulates the penalty of it in order to meet the desirability of punishing crimes, but the rules laid down under the circumstances without the guidance of general principles of criminal law unavoidably not only reflect disunity in criteria, but also seem arbitrary and chaotic, and this, on the contrary, adds confusion to the existing controversial theory in criminal law. Scientific guidance to criminal legislation and justice is one of important functions of criminal law theory. The standard definition of implication should be the actor, subjectively based on the realization of the goal of crime, integrates acts of method or acts of consequence into implicational intention; objectively acts of method are the effective method of acts of goal and acts of consequence are the natural consequence of acts of goal. In most criminal textbooks and treatises of our country, implicated offender is defined as essential multiple crimes, and at the same time one crime in penalty. The essence of quantity of crime is multiple crimes in the stipulation of law. So treating implicated offender as one crime in penalty or one crime in verdict does not conform to the practice of law. Penalty for a crime does not mean that the criterion is more standardized, the result is closer to perfection. What we are seeking is that the choice and arrangement of the penalty principle will finally adapt to the principle of verdict conforming to crime. The application of criminal law must adapt to the social harm of a crime. The behavioral nature and means of implicated offender are various and the harmfulness of multiple crimes is different and co-existing. Therefore, if an implicated offender is penalized in accordance with one of the serious crimes, then in some cases, the penalty is too light to conform to the crime; however, if he or she is penalized in compliance with multiple crimes concurrently, then in some cases, the penalty is too severe. Consideration of the variety of implicated crimes actually manifests in the current criminal law and practical regulations are established to adapt to the principle of verdict conforming to crime. Implicated offender in law can be adjudicated in light of law, but the biggest problem the judge faces is how to penalize various implicated offenders out of law. The principle of penalty articles of current criminal law for all kinds of implicated offenders follows a certain law or criterion and it can be said that criminal law has also established a fixed judicial framework to handle the cases of implicated offenders out of law while establishing the system of penalty principle for implicated offenders in law. Although the issue of implicated offender has so much controversy in theory that it has reached the brink of existence or abolishment, the study of any theory is driven by the need of practice and implicated offender as an existing form of crime in practice is an issue that criminal law theory and justice practice can not avoid and neglect. Therefore, we hold that theory of implicated offender should be kept and its concept and penalty principle have their independent significance and value and we should continue to make a study of it.