"The Doctrine Of Common Behavior" In Joint Crimes Advocacy

The ultimate purpose of the chapter on joint crimes in the Criminal Law is to solve the problem of the attribution of the facts of the criminal offenders in joint crimes.Only by clarifying the purpose of the application of the joint crime theory can we begin to discuss which theory should be applied to the joint crime to solve practical problems.Nowadays,the theoretical circles mainly deal with joint crimes in two theories: the joint crime theory and the joint behavior theory.These two theories mainly focus on the nature of the joint principal offender.The joint crime theory is divided into the total crime joint theory and the partial crime theory.Common crime said.The theory of total crime joint theory is simple and rude.It recognizes a joint crime as a crime committed by several perpetrators,and the crimes committed by each perpetrator are consistent.This traditional view is gradually eliminated in social development because it cannot meet the needs of practice.Nowadays,it is the common theory of some crimes that occupies the mainstream position.The joint theory of partial crimes is a compromise based on the joint doctrine of complete crimes with new problems encountered in judicial practice.Under this theory,joint crimes do not require the perpetrators to be convicted of the same crime,but require the perpetrators to have intent to commit crimes.connection.The behavior joint doctrine is objectively a development of the crime joint doctrine.It can help some people deal with the difficulties encountered in joint crimes based on the partial crime joint doctrine.Joint crimes under this theory only require the perpetrators to have the intention of committing the crime together,and does not require the perpetrators to have an intention to communicate,which objectively reduces the conditions for the establishment of a joint crime.In order to discuss in detail the application of the above two theories in real life and compare them,and to demonstrate which theory can better solve the problem of the attribution of illegal facts in joint crimes,this article expands from five aspects.First,start with the meaning of joint crime.Because the two theories have deviations in the interpretation of the meaning of joint crime,the interpretation methods of the two theories are discussed in detail,and the comparative argument is made.At the same time,related joint crime cases are introduced.The full text is based on practical cases.As the center gradually expands.Secondly,pay attention to explaining the theoretical connotation of the common crime theory and common behavior theory,and at the same time make a simple and clear introduction,and raise the corresponding questions,so as to draw the difficulties encountered by the common crime theory in the judicial practice process,and conclude that the behavior can finally be passed.The result of the argument that the joint theory is reasonably solved,and the way the behavior joint theory solves the problem is explained at the same time,which makes the logic more clear.Thirdly,how to grasp the essence of "common",expand the similarities and differences between the common theory of crime and common behavior,explore their theoretical support points,and at the same time conduct an in-depth analysis of common intentions,and realize joint crimes without the need for evidence of common intentions.In addition,the reason for the establishment of one-sided accomplices and the implementation of excessive limits is demonstrated,and the rationality of the joint doctrine of acts can be disproved by proving the fact that one-sided accomplices and the implementation of excessive limits can establish joint crimes without joint intention.Then,the behavior joint theory and the crime joint doctrine also have different views on whether the joint negligence crime is established or not.The crime joint doctrine basically has a negative view on the joint negligence crime,while the behavior joint doctrine believes that the joint negligence crime exists objectively.This article first discusses the different theories of the academic circles in detail,and demonstrates them with related cases,so as to put forward the view that the joint negligence crime constitutes a joint crime,and discuss the reasons for the establishment,to prove the rationality of the existence of the joint doctrine from the side.In the end,it mainly summarizes the previous article,describes the advantages of dealing with joint crimes based on the theory of behavior joint theory,and also effectively responds to the academic viewpoints that question the theory of behavior joint doctrine.