The Advocacy of the Single System Legislation Model in Joint Crime
In the criminal participation system,there are the German-Japanese distinction system and the unitary system of our country.Because of its legislative defects,the differentiation system produces irreconcilable contradictions.In order to pursue the purpose of reasonable punishment,the concept of principal offender of limitation is violated at all costs.The reason why the system of distinction produces such a result is that it mistakenly links the division of labor and classification with punishment.The unitary system has more obvious advantages,and it is more reasonable to decide the punishment of criminals by the function classification method,and its defects can be remedied by learning from the criminal law theories of other countries.
criminal participation systemdifferentiation systemunitary system