The Research On Prior Conspiracy Of Crimes

In the theory of criminal law, the most complex theory is the joint crime, many scholars have also been regarded it as the most "darkness and despair" chapter.As the prior conspiracy of crimes is involved in the joint crimes, it is necessary to research on it. In this paper, I borrowed the achievements of the predecessors and my special view on the prior conspiracy of crimes to solve the Controversy about the conspiracy crime, According to this way,intending to achieve the value of The judicial practice. This article is divided into four parts to study the problems of the prior conspiracy。The first part,The author through the discussion of historiography of conspires, combining our country criminal law educational world to seeks the meaning of the dispute, point out that the conspiracy is a kind of objective behavior in crimes and Is to be the evaluation of the criminal law. The author through to the general plans of characteristics, on the basis of analysising the concept of conspiracy and the oher related concepts, to giving the concept of conspiracy a better understanding.The second part, according to discuss the definition of the “prior”, Point out that the “prior ” should be defined in the Practice the behavior before. Because involves defining conspires "advance" a matter of time, so this part is a key point of this article, he author in the analysis of the "after" crimes committed relationship with troubler.The third part, the author discusses prior conspires with joint crime problem. By analyzing prior conspires with established joint crime problem and clear judicial interpretation in China within the scope of what conspires to set up a joint crime, so as to better guide judicial practice. In and the related common crime.The fourth part,the author mainly solve the problem of prior conspires crime criminal liability, Including”do the all the behavior ”and “do the any behavior ” problems,in order to make the different labor,status and role in a joint crime to different criminal responsibility in The judicial practice.