Crime Act Theory

Author: Chen Xingliang
Publisher:
Publish Date: 2006-08-01
Features: This book is the Chinese edition of the author's work The Theory of Criminal Performance Acts (1998 edition by Nihon Seishin-do). The papers selected from the author's previously published articles in various magazines, categorized under Part I "Constituent Elements, Acts, Danger", Part II "Causally Free Acts", and Part III "Accomplices and Indirect Perpetrators". The author is a very well-known Japanese criminal law scholar, Professor Shigeharu Nishiyama, former president of Waseda University, in China's criminal law academia. Professor Nishiyama is not only an outstanding criminal law scholar but has long been dedicated to international academic exchanges between Japan and many countries (including China, Germany, etc.). He is regarded as the most internationally influential Japanese criminal law scholar after Professor Shigeharu Danjo (Emeritus Professor of Tokyo University of Japan) after World War II. This book selects papers related to criminal performance acts from the author's previously published articles in various magazines to commemorate the author's 70th birthday. In the issue of criminal performance acts in joint accomplices, the problem is quite profound. In terms of whether to affirm joint conspiracy joint accomplices, the few supporters at that time became the target of criticism by the overwhelming majority. Especially because I stand on the theory of joint intentionary subjects, with the founder of the theory, Mr. Kozo Sugawara, as my academic grandfather, and his successor, Mr. Kazuo Saito, as my academic father, therefore, whether to affirm or deny this theory is a major issue concerning the integrity of my academic conscience. It is better to start the research by examining the arguments for critiquing joint conspiracy joint accomplices, which the overwhelming majority of scholars believe have not been rigorously academically verified. As a result, the "principle of individual responsibility" as the argument of the majority theory is detached between principle and actuality, and whether it is based on this principle is not the key to whether to affirm joint conspiracy joint accomplices.