Reflection and Improvement on the Mixed Mechanism of Distinguishing Participants in Jiont CrimeAnalysis On judicial Practice Of Environmental Pollution Crime

The defect of mixed mechanism of distinguishing participants in jiont crime in motion lies in its ineffective function classification method. Under the background of the substantive evolution of the mechanism of distinguishing accomplice participants and the trend of the perpetrator being principal offender, The judgment criteria of criminal efforts that each participant takes in joint crime can be reasonably reformed by criminal domination theory. He who obtains the dominant position of criminal facts can be identified to play a major role and seen as the principal. The determination of the dominant position should follow the order that formal judgment prior to substantive judgment. By examining the judicial practice of environmental pollution crime in China, the entrusting party is bound to be principal offender, and the helping party also has the possibility to be principal. When the criminal acts and harmful consequences of dominated party have exceeded the scope of dominator’s intent and substantially dominating criminal process, the dominated party is going to be principal offender.