Identification Of Unexpected Group Joint Crime

As a special form of crime, joint crime is a symmetrical crime in terms of separate criminal offense. As common crimes consist of more members, it has greater destruction than separate crime. Due to joint crime is not a simple sum of a number of separate criminal, but a common organic whole, more serious harm can be caused to the society. So joint crime is more dangerous than separate crime. Our criminal law has always fought against joint crime, while identification of joint crime in the criminal trial is an important part and a difficulty. Using case study method is a good way of integrating theory with practice. With the help of case study, it can both grasp the theory of criminal law firmly and check the correctness of the theory of criminal law. What more, difficult cases often lead criminal law scholars to giving new interpretation of criminal law, which could cause the development of criminal law theory. A case of unexpected group joint crime leads to this paper topic. By examining the provisions of joint crime in criminal law, foreign criminal law theory and joint crime and our criminal law theory, it can be of found that meaning-to-contact, particular emphasis view in China's traditional theory, does not apply to this type of case cited. Through the study of criminal responsibility theory, this paper puts forward the theory of the perpetrator's criminal responsibility to identify unexpected group joint crime and makes a reasonable argument.In addition to introduction and conclusion, the paper is divided into the following seven sections:Chapter 1, the findings of this paper topic, takes examples of unexpected group joint crime in the criminal trial practice and conducts a detailed analysis on the dispute focus for both parties to demonstrate the topic. Meanwhile, this chapter finds joint criminal content in criminal law theory and the practice of judicial trials.Chapter 2, the rule of joint crime in our country criminal law. It looks for China's current Criminal Code provisions on joint crime and conducts a more detailed analysis. Chapter 3, the theoretical investigation on joint crime, firstly, it investigates the provisions and theories of criminal laws in Western countries, including joint crime and common behavior. Then it views the Russian point of view on common crime. It also introduces Chinese Criminal law theory scholars'research for joint crime and makes a special study on the subjective element of the crime. At last, it evaluates meaning-of-contact.Chapter 4, the judicial practice of identified Joint Crime. This chapter first describes the normal practice in the judicial practice during the identification of common crime. Then it describes the specific contents about how to understand the crime subjective meaning-to-contact in three circumstances. The legal cases reflect the spirit of judicial guidance.Chapter 5, the legal analysis of cited cases, through analysis and comparison, this part excludes joint crimes cited disagreement with the traditional theory of the crime identified. At the same time, it does not constitute a separate offense. Due to it had to be sentenced, the case came to the conclusion that it only handled in accordance with joint crime, emphasizing that the traditional meaning-of-contact does not apply the theory of joint criminal cases.Chapter 6, the study of criminal responsibility theory, through the studies on the concept, nature and significance of criminal responsibility, this part emphasizes the importance of principles of criminal responsibility in the elements that constitute a crime, and it can apply to solving the problem cases cited.Chapter 7, the paper topic and its argument. First it formally proposed the specific content of the argument in this paper, that the perpetrator should be in the principle of criminal responsibility (ie, correctted standard of a joint criminal identification) to identify unexpected group joint crimes. Then the paper summed up the conditions of application of this argument, the co-perpetrator's criminal intent form and the results of cited cases. At last, it demonstrates the correctness of this argument from in line with China's criminal law aspect, in line with criminal law theory spirit aspect and in line with the requirements of the current judicial practice aspect.