Discussion On Theoretical Basis And Constitutive Requirements Of Joint Crime With Omission

Joint crime with omission is a special criminal pattern that caused by the join of theory of negative crime and joint crime.This paper defines the research scope in discussing the foundation and formation element of the joint crime that caused by negative act.By evaluating and analysing the different views on whether the joint crime with omission can exist and the existence scope,this paper support the view of fully affirmation,which affirm that joint crime with omisson exists in not only between the plural negative acts,but also between the act and negative act.And try to seek the theory support from the perspective of behavior and the theory of accomplice.And from the sight of values and norms,can demonstrated that negative act is a type of criminal behavior, having the cause that criminal law requested. Not only can form the joint intent with other crime,but also can format the common behavior with other crime.And these prove that the negative acts totally can comply with the requirement of the nature of joint crime.As a special pattern of joint crime,negative joint crime conclude three constitute element:a.the existence of obligation;b.the subjective joint intent;c. the objective common behavior.And,in order to solve the problems of the one-sided negative accomplice,propose to expand the extent of mens rea contact as including both sides of the mean contact and one side perceive.Based on the nature state of being of negative act,deem that the contact of the acts of negative joint crime is attached to the mens rea contact,and the common behavior can present as commit crime or help or instigate.