| Many terminologies or their synonyms, which mostly appear in the situation of joint offence or suspected joint offense, are used in the General Provisions and Special Provisions of Chines Criminal Law. Then there is a pressing problem for the applica-tion of Criminal Law: What is the relationship between the crime in the Special Provi-sions of Criminal Law, with its constitutive elements conveyed by these teminologies, and the related joint offense? There are three types of relationship like overlaping, intersection or exclusion. Research on these relationships is of great significance to the accurate conviction and measurement of penalty. The article takes these terminologies as the thread mainly to analyze the restrictions between the theory of this kind of crime and joint offense through the interpretation of Criminal Law Study, including literal interpretation, literal analysis, systematic interpretation and teleological interpretation, which also involves the problem of subjectivism and ob-jectivism, so as to clarify the relationship between the Special Principles and the General Provisions of Criminal Law.The article is divided into three parts, with its main content to be as follows:The first part analyzes the reason of so many terminologies of joint offense appeared.The first reason is polysemy and near-synonymy which are unavoidable in legal terminology. Some crime has nothing to do with joint offense, but there are some terminologies, which will easily make people take for the terminologies of joint offense, unavoidably used in its con-stitutive elements because of unavoidale polysemy and near-synonymy of language. For ex-ample, the crime of abetting someone addic-ting and injecting drugs, although it bears no particular relationship to the abetment in joint offense, we have to use the word"abetment". The second reason is that the Special Provisions of Criminal Law explains the General Provisions of Criminal Law. The content of the General Provisions of Criminal Law is an abstraction of the Special Provisions of Criminal Law, while the Special Provisions of Criminal Law is the explaination, for example, the crime of organizing mafia-style gangs is the explaina-tion of the problem of criminal group in the General Provisions of Criminal Law. The third reason is the Special Provisions of Criminal Law in that it clearly stipulates some acts of joint offense as independent crime, and specifies its legal punishment to prevent judge's inappropriate sentencing, such as the specifies in the Special Provi-sions of Criminal Law that the crime of assisting in the organization of prostitu-tion is the accessory offender to the crime of organized prostitution.The second part analyzes how to interpret the terminology of joint offense. Firstly is to explain precisely the basic concept of the terminology of joint offense. Based on the natural semantics of each terminology, the correct procedure is to interpret each terminology by means of other interpretation method of Criminal Law Study. Second-ly is to analyze the interpretation method of Criminal Law Study and the terminology of joint offense in the Special Provisions of Criminal Law. On the interpretation of the terminology of joint offense, objectivism should be used more because the mean of legislation is ambiguous in many cases and on the method, literal analysis should be emphasized more. Thirdly is to analyze different interpretation to different implication of terminology in the Special Provisions of Criminal Law.The third part specifies the interpretation of some terminologies of the Special Provisions of Criminal Law related to the theory of joint crime and discusses the relationship between abetment, incitement, assistance, financial assistance, recom-mendation as well as organization and the related joint offense, launching from three types of joint offense in the narrowest sense, such as abetment, assistment and organizing crime. |
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