| The correspondence offense refers to the opposite behavior which is not recognized by the criminal law,and the behavior of at least one party belongs to the criminal behavior of negative evaluation in the specific provisions of the criminal law.As for the classification of the correspondence offense,it can be divided into two levels according to the criminal nature of the specific provisions of the criminal law,namely,the same crime and the same punishment,different crimes and different punishment,and the correspondence offense of punishing only one party.As for the attribution of the opposite offense,the countries of the civil law system include the opposite offense into the category of necessary accomplice.The difference between the criminal law system of China and the countries of the civil law system is the main reason why the above views cannot be fully applied in our country.From the Perspective of the local accomplice theory of our country,it is considered that not all of them belong to the necessary accomplice,even if the opposite offense belongs to the joint crime,it only exists in China among the correspondence offenses of the same crime,the correspondence offenses of the same crime do not belong to the joint crime,some are,some are not.In the determination of dual faced offense,it focuses on whether it is an accomplice.Part of the same crime with the same punishment constitutes a necessary accomplice,while the other crime with different punishment excludes the establishment of accomplice.In the face-to-face offense,the participation form of offer behavior and cooperation behavior does not exceed the necessary limit,so it is not suitable to be regarded as an accomplice.However,when the offer behavior creates the other party’s ‘Primary Criminal Intention’,it is a crime that overflow of the necessary limit should be judged in strict accordance with the constitutive requirements of the norms.At the time there is a third party involved in the opposite behavior,according to the types of two-sided and piecemeal oriented crimes,the third party cooperates or cooperates unilaterally to judge whether the accomplice is established or not.It also discusses the uncompleted forms of different types of opposite crimes.As for the determination of attempted crime,in the same crime with the same punishment,the act of committing a crime does not have all the elements of the crime,which is attempted crime.In the case of a third party,it can be judged according to the degree of intimacy between the third party and one of them.In the correspondence offenses of different crimes and different punishments,whether both sides have implemented the opposite behavior of legal crime,and distinguish the crime form of accomplished crime and attempted crime.If we pay attention to the overflow of the necessary limit in punishing only one party,then we should turn to the same direction to punish one party as accomplice and apply the provisions of attempted accomplice.As for the determination of suspension,in the opposite crime of the same crime with the same punishment and different crime with different punishment,according to the behavior of each subject to make a separate evaluation,one party constitutes the suspension of the crime,the other party constitutes the attempted crime,unless both parties agree to terminate.In the case that only one party is punished for the opposite crime,it can be determined according to the suspension of the single crime.If the unpunished party overflows the necessary participation limit,the suspension of the accomplice is also applicable.In the judicial practice,there are many difficult problems about the punishment of the opposite offender,and there is no need to apply the general rules on joint crime to the opposite offender.We should distinguish different situations for the confession of the opposite offender.We cannot assume that the confession of the correspondence offenses should not only truthfully state its own criminal behavior,but also truthfully state the behavior of the other party.In different crimes and different punishments,the concurrence of voluntary surrender and meritorious service can only be evaluated once.There are some differences in the penalty allocation between the two parties in China,which is reasonable to some extent,but it is difficult to achieve the balance of sentencing.The author thinks that in the future,we should try our best to avoid the legislative mode of different crimes and different penalties,so as to reduce the occurrence of the imbalance of crimes and penalties. |
