| The traditional method of determining joint commission of a crime in China has the following three basic characteristics: non-differentiation between illegality and liability, non-differentiation between principal and secondary participants, and non-examination of whether joint offenders' actions have causation with relevant results. Such tradition method makes it difficult to solve many complicated cases. As a matter of fact, exactly the opposite method should be adopted for the determination of joint commission of a crime. Firstly, the particularity of joint crime lies only at the level of illegality, and therefore illegality should be emphasized as the core in the determination of joint commission of a crime. As to the determination of liability in a joint crime, it is not different from that in a sole crime. Secondly, since the principals are the key figures in the commission of an offence, they should be placed at the center of determination of joint commission of a crime. As far as the principals' act has caused the infringement (including endangerment) of legal interest, any other participant whose act contributes to such infringement is a joint offender at the level of illegality. And thirdly, causation is the core issue in the theory of joint commission of a crime. A participant can be held liable as a consummated offender in a joint crime only if his act has causation with the result of the act of the principal. Therefore, the determination of a joint offender should take causation as its core. It is totally unnecessary to raise and answer such question as "what is the crime committed in the joint commission of crime?" In criminal theories and judicial practices, the concept of "joint commission of a crime" can also be weakened in this sense. |
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