In the theory of criminal law，Common crime issues have always been called "Dark Chapter"。The ultimate purpose of the problem of co -crimes is，Determine the scope of the criminal (each participant)。，my country is mostly based on the cause and effect between behavior and results.，To determine the scope of criminal liability (causal criminal theory)。but，The reason why the criminal law community proposes the theory of cause and effect，Originally a penalty as a co -crimes According to the theory，In order to fight the responsibility, the common crime theory、Putting the theory of illegal crimes。To attribute the results that have occurred to a co -crime，Of course, there is a causal relationship between the behavior of the crime and the result，But this is just a question of solving the "background basis", that is, why the blame，It has not solved the "scope of blame" that is, which is a question of what blame。

And，Under the situation of "the implementation of the implementation of the common commitment" and "the separation of the relationship between the common commitment"，If you simply think，As long as there is a causal relationship, you need to bear the crime of the Bet365 app download final result，or only the cause and effect of the cause and effect can the final result not to bear the crime，It will inevitably expand the scope of punishment。So，Cause and effect crimes are not the "Spiritual Triven Medicine" for solving all the issues of common commitment，We need to construct a new theory，To determine the scope of the criminal blame。

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In the case of common crime，Although it is applicable to the legal of "part of the line as full responsibility"，But according to the requirements of responsibleism，Same as a separate crime，Can be attributed to the offenders，It is still limited to the results caused by the "own behavior" of the coexistence。but but，The behavior here includes both the behavior of the common criminal，Also, although it is implemented by other co -crimes，But being able to be evaluated as a "common behavior" of the "common behavior" including the co -crimes or all the co -crimes。Can it be evaluated as "common behavior"，Depending on whether the behavior is under the governance of "the meaning of common implementation" (the intention between the criminals)。

Speaking，In the case of common crime，This behavior must be implemented based on the common commitment of common crimes，Actions within the "Top of Co -conspiracy"。This，The theoretical theory used to determine the scope of the scope of the scope Bet365 lotto review of the crime of the common criminals came into being (the same way，Insignant、Under the case of helping the offender，The behavior implemented by the offenders must also be based on instigatals between the criminals、The help of help，Acts within the "Express Model" and "Help")。

The theory of the range of co -conspiracy believes，Only the behavior that caused the final result was within the process of the original coexistence，Actions that can be identified as co -crimes，A co -criminals may be guilty of this behavior and their results。The purpose of the theory is to determine the scope of the attribution of the participants，The research is whether the behavior that caused the final result was based on the original conspiracy，to determine the object of blame for the behavior and its results。

　　The theoretical positioning of the range of co -conspiracy

The positioning of the range of co -conspiracy is related to the causality of the common criminal。The core requirements for the establishment of the common crime are: there is a common conspiracy between the offenders，All or partial crimes are based on co -consignment to implement behavior。The so -called common conspiracy，It is a consistency on the joint implementation of a certain crime，Requires the meaning part of the essential part of the criminal behavior。"Activity based on the implementation of behaviors"，First, it is required to have causality Bet365 lotto review for practicing behavior，Second, the range of the request to be worked together and the act of acting。As far as the former is the causality of the co -crime，As long as the principle of personal responsibility is the premise，Criminal criminals only bear the crime of causal results with their own behavior，If you cannot determine this causality，3249_3274。As far as the latter is concerned，The essence of the common crime is，Under the relationship of completing each other, the implementation of behavior，Therefore, it is necessary to identify "the range of co -conspiracy and the act of acting"，It is required to implement behavior in the state of mutual use of mutual use of mutual use of each other.。

Visible，The causality of the co -crime is the common establishment of the common criminals，It cannot reflect the positive crime of common crime，Therefore, the foundation is laying the foundation for the righteousness of the common crime，The range of co -conspiracy belongs to the inherent elements of common criminals，If the range of the co -conspiracy and the act of acting，Although it cannot be established, a common crime，But it is still possible to set up an instrument or help the offender。So，The range of co -conspiracy is completely a problem of righteousness of common crime，The causality of the co -crime belongs to different natures、Questions at different levels。

　Conspling the range judgment criteria

Determine whether it Bet365 lotto review is "the implementation of behavior based on co -conspiracy", that is, whether the range of common conspiracy and actual behavior，It can be judged by comprehensive investigation of the two aspects of objective and subjective aspects。

Specifically，Objective factors include the following three points: First, how many functions do the co -commissioned stage。Second, to how much the original conspiracy and the behavior of the final result are common、association。For this，It can be inspected whether it is an implementation of the same object、Is the nature of legal benefits that actually suffered the same or similar as the original co -conspiracy、Is the strength taken taken by the behavior adopted similar to the original co -consignment、Whether the behavior caused by the final result is usually accompanied by the crime co -organized at the beginning，and whether there is time and the same sex or the same opportunity of the active behavior based on the original co -acting behavior and the behavior of the final result。Third, to how much the co -crimes actually participated in the behavior that caused the final result。

Subjective factors include the following three points: First, whether the motivation or purpose of the crime is the same or similar。The second is whether the meaning of the criminal or similar。Third is the behavior that causes results，How much can I foresee at the time。

　　The theoretical theory of the common plan is applicable

Since the purpose of Bet365 app download researching common crimes is to determine the scope of the scope of the specific crime，The problem to solve the theory of the schedule of the schedule is whether the behavior that causes the final result is based on the "common behavior" implemented by common conspiracy，It is a prerequisite for the generality of the common crime.，It can provide a unified research perspective for the common crime of common crime to date。Specifically，"The defense of quantity is excessive and the common criminals", "the implementation of the common criminals", "the common crime of aggravating the criminal", and the "separation of the relationship between the relationship"，In essence, it is implemented in a form of content that is different from the intention (co -conspiracy)，Therefore, it belongs to the question that can be called "conspiracy -based"，It can be solved from the perspective of the scoop -up range，to maintain theoretical consistency。

　　(Author Unit: School of Law of Yunnan University)