On As A Common Crime

Joint crime with omission is a form including both crime with omission and joint crime, which is still lacks of systematically studying in our country. Considering the broad scope and complex content, this dissertation emphasizes particularly on the research for the basic theories of joint crime with omission.This dissertation is divided into three parts: the conception and concrete constitution of joint crime with omission, the forms of joint crime with omission, the responsibility of joint crime with omission.Part one: This part analyzes the conception, constitution and patterns of joint crime with omission. According to the principle of correspondence between ontology and criterion, the wnter deems that joint crime with omission is the intent joint crime that the offenders have specific obligation of taking legal actions and they are able to do it but they do not. The writer adopts dichotomy of obligation in the constitution of joint crime with omission, which including protecting Rechtsgut and preventing committing a crime.Part two: This part explains the theories, conceptions, patterns and cognizance of principal with omission, coprincipal with omission, instigator with omission and accessory with omission, and their relationship with other forms of joint crime. In order to distinguish principal with omission from joint crime, the writer proposes that we should adopt the theories of guarantor's obligation and the substantive objectivism, and combine with the extent of guarantor's obligation. Not only can omission constitutes singular and mixed coprincipal, but also it can constitutes formal and substantive coprincipal once the offender's behavior accords with the constitution of coprincipal. The reasonable obligation of locale management belongs to moral obligation. Thus the owner and operator do not have the obligation to prevent committing a crime; the organizer of crime syndicate also has no obligation to prevent his mobster from committing a crime. And they have no possibility to be accessory either; according to the definition of joint crime in criminal law of PRC, there is no space for unilateral accomplice to stand; the essence of instigator is to entice criminal intent of the instigated, thus you cannot instigate others to commit a crime by means of omission.Part three: This part discusses the criminal responsibility and punishment of accomplices. During discusses the criminal responsibility of accomplices, the writer also give some ink to discuss the basic forms of completion and discontinuation of joint crime with omission, and advocates legal mitigated punishment for principal with omission and di-mitigated punishment for accessory with omission.