On The Involved Offender In Criminal Law

At present, the analysis and study of the involved offender is still not in-depth in our country, but there are a lot of charges about the involved offender in the specific provisions of criminal law, and there exists many problems to be solved in judicial practice. Combined the inharmonious factors in current situation of the judiciary with the superficial research, the situation leads to many disputes in judicial practice about involved offender. The three chapters comb and explain the basic theory of involved offender, explore the theory of involved offender. The author expects to propose reasonable standards for judicial practice.In addition to the introduction, this paper is divided into three parts. And there are about thirty-five thousand words. The main contents are as follows:The first part is the ontology of involved offender; including the definition, characteristics and types. The most appropriate expression of the crime in this article is “involved offender”. The concept of involved offender should distinguish this crime from the joint crime in the subjective aspect. Involved offender has many characteristics; the most important is compromised crime as a subject must be implemented "involved" behavior. According to different standards, involved offender can be divided into pure or non-pure, exclusive subject or non-exclusive subject, direct or indirect, etc. Most of crimes belong to the non-pure involved behavior, in the exclusion of several approximate crimes; this paper only summarized the pure “involved behavior” in the specific provisions of criminal law.The second part is the relation theory of involved offender; this part discusses the difference between involved offender and other criminal pattern based on the characteristics of involved offender. In order to deal with this kind of relationship in a more fair and impartial way in the judicial practice.The third part is the cognizance of involved offender; it focused on the difficult problems in involved offender arising in judicial application, analyzed the impact of anticipated possibility and mutual concealment of kinship offenses on the establishment of involved offender, explain the voluntary surrender and meritorious performance problems of involved offender, this article is against the case belongs to concurrence of surrender and meritorious performance, and put forward my own point in upholding the basic position to determine the voluntary surrender and meritorious service of involved offender.