On One-sided Accomplice

One-sided accomplice is a behavioral type of accomplice. It is significant to classify unilateral accomplice into the category of accomplice in terms of both enriching the theory of accomplice and solving the problems of determining guilt and weighing the penalty. Currently, one-sided accomplice is greatly over look in the study of accomplice theories.One-sided accomplice, as a social phenomenon, has been existing since ancient times . But as a term used in civil law countries, unilateral accomplice is originated by bourgeois criminal jurists to generalize the cases of assisting others to commit a crime unilaterally. It is for the sake of resolving a dilemma that the theory of one-sided accomplice is raised. The dilemma is : it is impossible to deal with the act of one-sided accomplice if the connection between behaviour of assistance and criminal act assisted by an accessory is separated . The origination of one-sided accomplice from theory of criminal law in civil law countries is in accordance with the enactment of criminal law concerned with accomplice . The concept of accomplice in criminal laws in civil law countries doesn't regard the exchange of ideas between accomplice as a necessary condition , s o it does't exclude the secret support for the actual offence unilaterally . It is logical and reasonable to take it as a special ease in accomplice called"one-sided accomplice".In the theory of one-sided accomplice , the foundamental question is the nature of one-sided accomplice . In terms of one-sided accomplice , everything must be based on the principles of criminal legistation in order to come into a conclusion in conforming with the Chinese theory of criminal law . There is space in the study of one-sided accomplice in china , for we can start afresh to understand and explain the regulations on accomplice in the criminal law on the basis of the principle of crime determined by law from the perspective of the studies of interpretation. The given subjective connection is both the unique feature and the essential value of one-sided accomplice . One-sided accomplice is an important part in the field of accomplice . It is not the imaginary product of criminal jurists, but a reflection of law of some crimes . One-sided accomplice can be probed in terms of its features, relationship categories and many other related aspects , so as to determine guilt and weigh the penalty, if it is taken as a pattern of offence participation.The theoretical premise must be clarified before the position of one-sided accomplice in the theory of cries is correctly decided . Accomplice in the Chinese criminal law is a special pattern of crime . Although it possesses some one-sided in reflecting the principle of the unity between the subjective and the objective , i.e. it is stipulated in the criminal law to limit the subjective offence in accomplice to the international category , it still reflects the principle of the unity between the subjective and the objective . It can be said that adherence to the principle of the unity between the subjective and the objective in the determination of accomplice , is an inevitable consequence of reinforcing the principle of the unity of the subjective and the objective in the theory of crime . The unity of the subjective and the objective in the criminal law is not only a fundamental principle , but also a totally new outlook of criminal law . The present Chinese theory of accomplice is based on the principle , therefore , only on the basis of the principle to judge whether one-sided accomplice can we develop our argumentation and draw a scientific conclusion.According to the principle of the unity of the subjective and the objective and obligation , one-sided accomplice has the qualifications to belong to the field of accomplice . Infringing the legal interest and seriously harming the society , one-sided accomplice has reach the level of being procesuted in respect of criminal liability . It doesn't exceed the possible implication of the standard terms of the criminal law...