Research On The Nature Of China’s Joint-offense System

Because of it’s numerous and complicated doctrines,Joint-offense theory has been called the“Dark Chapter”in criminal field,and is also a good old topic.Joint offense causes more serious harm to society than minor offense,and threat the social order seriously.So how to make a right and timely judgment on joint crime case does crucial effect on criminal law’s social function.The research on specific problems of joint offense will not deepen until we construct a unified system for them.Research on the nature of China’s jiont-offense theory is aiming to offord the same platform for further study of China’s joint-offense theory.Theoretically,there are two different systems to solve joint offense:Einheitstatersystem and Differenzierungssystem.This paper is gonna unfold around the legal nature of joint-offense rules in China’s criminal law,and gives a conclusion that the system of those rules is belong to Einheitstatersysterm.It concludes five parts in this paper,the first chapter focuses on the core part of Differenzierungssystem theory,tries to pull the doctrine together of standard which distinguishes the principal from the accessory and of reason why the accessory is punishable,then analyses and proves the deficiency of these doctrines,and queries the reasonability of differenzierungssystem theory.The second part gives a conprehensive introduction of einheitstatersystem theory by following five aspects:the concept,quality,classification,theoretical basis and typical instance of legislation,trying to present it objectively.On the basis of last two chapters,the third chapter makes summaries of different views on China’s joint-offense system through the Doppelnatur der Mitwirkung theory and makes brief comment on each of them.The fourth part focuses on proving the paper’s viewpoint that the nature of China’s joint-offense system is einheitstatersystem from pros and cons.In order to prove that the differenzierungssystem which is adopted by Gernany and Japan does’ t fit our local circumstances,this part presents the unique characteristics of the rules about joint-offense in China’s criminal law by analysing the definition of joint-offense,classification of accomplices, the four-elements constitution of a crime and the judicial practice experiences.After proving the nature of China’s joint-offense is Einheitstatersystem,the fifth chapter gives a further advision that there is necessity and probability to interpret the local joint-offense rules into funktionales einheitstatersystem.Besides that,this part clarifies the numerous and complicated concepts in joint-offense theory,illustrates several certain problems which have been discussed wildly,and correct the knowledge of einheitstatersystem and joint-offense sysem of China’s crimina law which is wrong.The main innovative points of this paper are in chapter 3 and 4,the paper uses Doppelnatur der Mitwirkung theory to analyze the essence of different views about China’s joint-offense rules,queries cognitions of some specific problems and put forward writer’s views.Another lightpot is the methods which used during study, such as case analysing,comparison of legislations and so on.This paper is based on abundant literature and investigating resources,obeys the logic rules from theory to practice,from foreign fields to domestic ones,and from macro views to the micro.