| When dealing with joint crime cases,when the joint perpetrator’s criminal intention is different or abets or helps the minor,it is difficult for the judicial organ to draw a proper conclusion by using the traditional four elements theory of crime constitution,which is related to the deficiency of the theory in the field of accomplice theory.The introduction of the three-tier theory of crime constitution and the specific accomplice theory can solve the above problems.This paper first introduces the basic facts of Jiang Xiaomin’s intentional homicide case and Lu Xiaohua’s theft case and the court’s judgment point of view,and explains the necessity of introducing the class theory by analyzing the difficulties of the above cases with traditional theory.Secondly,it introduces the class theory and analyzes its advantages in the field of accomplice.On this basis,it reinterprets the two cases.Finally,this paper expounds the theoretical and practical significance of the application of class theory in the field of accomplice.This paper holds that the defect of the traditional theory lies in the understanding of joint crime as "type of crime".Therefore,in the specific theory of accomplice theory,two kinds of defective theories,namely "theory of joint crime" and "independence of accomplice",will be recognized.The class theory regards joint crime as "illegal type",and then it can recognize the two more reasonable theories of "behavior joint theory" and "accomplice subordination" in the specific theory of accomplice theory.The application of stratum theory in joint crime cases is conducive to the correct conviction and sentencing of accomplice cases;It is conducive to the full reasoning of the judgment documents;It is conducive to the implementation of the objectivism of criminal law. |
