| Understanding mistake of joint crime is an accomplice participants (co-principal offender, instigator and helping offenders) know the facts of the crime and the perpetrator of the crime that were inconsistent with the realization of the situation, Which accompany with two theoretical system of the accomplice and mistake, combining elements of objective facts and subjective understanding form the two aspects of the mentality of its in-depth study not only contains great theoretical significance, but also it has a practical meaning of judicial practical guide.Firstly, article clarifies the theoretical basis of the understanding mistakes among accomplices. Mainly discusses the nature of the crime and its classification. For the former, the author insists that the commonly establishing theory of partial crimes and subordinating theory of the limited property, although the joint implementation of the above two or more different offenses, but these different overlap between crime nature. However, within the limited establishing in the coincidence of common crime; and scopes of the overlap set up crime. Furthermore believing subordinating theory of the limited property performance rationality, which accords with committing acts of meeting the institutive elements and illegality, the accomplice was established. This is also general theory of criminal Law in Germany and Japan. Aiming at classification problems of accomplice, This paper describes the classifiable methods in line with role or division, and on this basis discusses in detail the classification of a compromise proposed by the two view, that a principal, accessory, instigator and coerced offender. For the mistake theory, the author firstly describes the system recognize the error position, reference Germany and Japanese criminal theories classify their errors into understanding mistake of the facts and illegality, discussed the distinction between the two doctrines and their respective categories. Understanding of the facts wrong criteria, the author favor the point of statutory compliance, because the objective facts determine not only the help of understanding the natural sense, but also seeing its meaning is to regulate the composition of elements of fact, only do so, it just frames the boundary function of constitutive elements, to better implement the principles of legality. In text error of accomplice would be defined as the erroneous understanding of the common facts and common mistakes of illegality. The latter is the focus of this chapter, which was divided into the understanding mistake of joint principal offender, the understanding mistake of instigator and criminal helper, also the error between indirect offender of the implementation and accomplice in three major aspects. Basing on the premise that distinguish from the same error with different constituent elements or distinctive understanding of falsity, the former mainly speak of the legal compliance that comply with the specific views that different treatment of this talk, the latter mainly in the legal compliance that comply with the abstract logical analysis as the starting point, from two perspectives that whether consistency among subjective contact of the common crimes and the same criminal act aimed discrepancies, combining with various types of crime were constructed themselves, the text discusses double error of understanding mistakes of joint offender, the implementation had surpass limitation of the expectation or reduction and understanding error of the result-aggravated crime, and other special issues. Understanding of error handling on the main accomplice uphold the principle of consistent subjective and objective, in the form of subjective perception and objective reality within the limited coincide with the perpetrator the offenders are convicted and punished in order to avoid reckless off the objective or subjective blame. |
