The Research Of Joint Crime System In Ancient China

Joint crime is one of the complex fields of theory of criminal jurisprudence. Somebody called it black hole of criminal jurisprudence, and also somebody seemed it as labyrinth of criminal jurisprudence. Trainin, the former Soviet Union's pundits of criminal jurisprudence said that Joint crime is the most complicated theory of criminal jurisprudence. From the standpoint of penal legislation, the level and value of Penal Law are decided by the scientificity and completeness of joint crime's definitions. Joint crime of ancient China has experienced the embryo stage, forming stage, development stage, and maturity stage from idiographic and general definition to nonrepresentational recapitulative definition and from simple provision to detailed and complete legislation.This article is divided into four parts. The introduction firstly describes the research object, research status and research methods.The first part is the concept of "Joint crime of Ancient China" and the history of institutional change. First of all, it describes the concept of ancient joint crime and compares differences with modern Joint criminal. Secondly, this article focuses on hackling the contents of Joint crime in the history of China-related dynasty. At the same time, this part also demonstrates the legislation of joint crime and the process of its improvements, and summarizes the characteristics of the joint criminal system in the various dynasties.The second part is the "constitute of joint crime", it analyzes from sides of subject of crime, subjective aspect of crime, object of crime and the objective aspect of crime. From the standpoint of subject of crime, the criminal responsibilities of the ancient age's regulations are different in different dynasties, and the identities of perpetrators have special requirements, and the degrees of punishment are different. From the standpoint of subjective aspect of crime, the subjective intent and negligence are included in the Joint crime are as of subjective fault of crime, and the corresponding responsibilities are legislated. From the standpoint of object of crime, due to the particularity of object of crime in ancient, the object of the crime is briefly discussed. The objective aspect of crime, some regulations like behavioral offence, nonfeasance crime, simultaneity crime and practiced crime limited are set.The third part is the types of joint criminals and the criminal liability. The types of joint criminals are only the principal and accessory. Abettor and accomplice under duress are not belonging to legal joint criminal. This part also discusses its reasons minutely, summarizes related regulations of Abettor and accomplice under duress in ancient codes, and analyzes typical cases of Joint crime finally.The fourth part is the "Joint Crime's legislative origin, characteristics and signification in ancient China". From the impact of social perspective which was effected by traditional culture and criminal law of joint crime, to interpret reasons of particular system of joint crime in ancient China, and summarize its characteristics. From two parts which are the disposals of joint criminal's ascendances and joint criminal negligence to discuss, we expect to learn the histories and absorb the quintessence from the comparison between the modern criminal law and ancient criminal law which are built on the contents of joint crime of ancient China.