How to write a paper on joint crime?
Abstract 1. * * * Overview of the same crime The same crime is a difficult and complicated problem in criminal law theory and judicial practice, and it is of great significance to study the form of the same crime for criminal trial. The solution of this problem mainly depends on the explicit provisions of the criminal law of our country on the same crime. Article 25 of China's criminal law clearly stipulates: "* * * The same crime refers to intentional crime committed by two or more persons. The theory of * * * incrimination in China's criminal law is based on the principle of unity of subject and object, and holds that * * * incrimination is the unity of * * and criminal intent, and * * and criminal behavior. Therefore, in the * * * accomplice crime, we should consider the role of the perpetrator in the crime process, and divide the * * * accomplice into four categories according to their roles and division of labor: principal, accessory, coerced accomplice and instigator. Second, the unit with criminal unit crime is the overall will formed by the decision-making body of the unit organization, which is transformed from the natural person behavior in the internal organization of the unit into the criminal behavior of the unit. Therefore, in general, judging by the general standard of * * * the same crime, unit crime appears in the form of * * * the same crime, which is why legislation often stipulates that the directly responsible person in charge and other responsible personnel shall be investigated for criminal responsibility. Three. On one-sided accomplice The so-called one-sided accomplice refers to the intentional situation of one-sided participation in crime with others. One-sided crime has the characteristics of one-way subjective connection, directness of subjective intention, objective cooperation and utilization, and diversity of crime types. The establishment of one-sided criminals can find legal basis, so that they can be punished as punishment and as crimes. Keywords: * * same crime; Unit * * * same crime; One-sided accomplice in crime; Form; Characteristics; It is necessary to exist. I * * * Overview * * The concept of the same crime and its establishment conditions * * * The same crime is a difficult and complicated problem in criminal law theory and judicial practice, and it is of great significance to study the same crime form for criminal trial. The solution of this problem mainly depends on the explicit provisions of the criminal law of our country on the same crime. Article 25 of China's criminal law clearly stipulates: "* * * The same crime refers to intentional crime committed by two or more persons. "As can be seen from this provision, the theoretical basis of * * * and crime in China's criminal law is the principle of unity of subjective and objective, and it is considered that * * * and crime are the unity of * * and criminal intent, and * * and criminal behavior. Most scholars believe that only two or more people who have reached the age of criminal responsibility and have criminal responsibility ability can constitute a joint crime. The so-called * * * must be: 1 All prisoners are well aware of the nature of the crime and its harmful consequences to society, and hope or let the harmful consequences happen. 2. Prisoners communicate with each other subjectively, and realize that they are not committing crimes alone, but jointly committing crimes with others [1]. At the same time, however, China's criminal law also stipulates several forms that cannot constitute * * * accomplices: 1, two or more * * * accomplices commit negligence, which does not constitute * * *; 2. At the same time, the crime of * * * is not established; 3, indirect principal offender is not established * * *; 4. Intentional crime and some behaviors of negligent crime are interrelated or related, so it is not a crime of * * *; 5. Criminal acts committed by two or more persons * * *; 6, beyond * * * and intentional crime, does not constitute * * * and intentional crime; 7. The act of harboring or sheltering without collusion in advance does not constitute an accomplice; 8. The so-called "one-sided offender" is not a real criminal; 9. Corporate crime is not an accomplice, but a crime committed by a legal person as an organic whole, so it is not an accomplice, and the person directly involved in the crime within a legal person is not established. The relationship between them is not the relationship between * * * and crime, but the relationship between the internal elements of an organic whole of a legal person, which is simply the internal structure of a legal person when committing a crime. If it is a legal person, it must meet the following two conditions: 1, more than two laws; 2. One or more legal persons and one or more natural persons have intentionally committed crimes [2]. " Two > * * * The form of the same crime * * The form of the same crime, that is, the structure of the same crime, refers to the way in which the intentional criminal acts of prisoners are interrelated and interact with each other. * * * Different forms of crime have different harmfulness when getting up. China's criminal law only stipulates the general conditions and criminal groups that constitute a joint crime. Theoretically, it divides * * * joint crime into various forms from different angles and according to different standards. 1, whether a crime can be committed by one person alone can be divided into arbitrary * * * accomplice and necessary * * * accomplice; A crime that can be committed by one person alone is an arbitrary joint crime when it is intentionally committed by two or more persons; The specific provisions of the criminal law clearly stipulate that a crime must be committed intentionally by two or more people, which is a necessary crime. 2. According to the formation time of * * * accomplice crime, it can be divided into * * * accomplice crime and * * * accomplice crime without prior collusion; Before committing a crime, all prisoners have formed a conspiracy to commit a crime, and they have planned or discussed to commit a crime, which belongs to the conspiracy to commit a crime in advance; In the process of committing a crime or committing a crime, there is an intention to form an accomplice, but there is no conspiracy beforehand. 3. According to the division of labor between * * * and criminal acts, it can be divided into simple * * * and complex * * * crimes; If two or more people commit a crime intentionally, it is simply a joint crime of * * *; Two or more persons commit, organize, abet or help the same crime, which is a compound crime. 4. According to the organizational form, it can be divided into general * * and group * * and criminal [3] person * * and intentional crime; General * * * accomplice refers to unorganized * * * accomplice, which can be composed of two people. There is no organization, there is no ringleader, and there is no * * accomplice who is involved at any time or organized, planned and directed by ringleaders. Special * * * accomplice crime refers to group crime, that is, three or more people commit * * * accomplice crime in an organized way. The organization that commits a crime is called a criminal group, and a criminal group refers to a relatively fixed criminal organization that is jointly committed by more than three people. * * * The classification of criminals and their criminal responsibilities in China's criminal law is to reflect the justice of the law, so that * * * accomplices will be punished with the same punishment and the same crime. Only in this way can the principle of a legally prescribed punishment for a crime in criminal law be embodied. Therefore, we should consider the role of criminals in the criminal process according to the role of * * accomplices in * * * *.