On Accessory Criminal

Compared with the study on the common criminal, the current research conducted on the accessory criminal is relatively a minor academic area in terms of scope and depth. With the deepening of theories on the criminal law, the theories on the common criminal have gradually reached a brand-new stage, which give priority to the accomplice and different types of common criminal. A series of works on the theories of principal criminals, instigators, criminals in aborted crime, suspend crime and unaccomplished crimes have been published in succession, and thus enriched the theories of common criminal. However, the study on accessory criminal is always in a secondary place and has not aroused enough attention of the researchers. As a practitioner of the law, the author of this dissertation has noticed that the lack of theoretical support leads to the difficulties in the affirmation of the accessory when we deal with the cases of the common criminal. With the combinative approach of theory and case study, this dissertation offers a comprehensive analysis on the accessory criminal in the hope of enriching and furthering the theoretical development of this academic field.Based on the combination of the basic theories and the judicial practice concerning criminal law, this dissertation mainly elaborates on the following eight aspects:the concept of the accessory, the forms of the crime, the forms of the amount, accessory and the status, the punishment of the accessory, the affirmation of the accessory in the crime of unit criminal, the affirmation of the accessory in the organized crimes, the development and the perfection of the accessory system. The dissertation will also touch upon issues concerning the system and the special features of the accessory.Chapter one is a brief introduction of the development of accessory crimes in the history of the Chinese criminal law. As to the affirmation of the accessory crimes, we propose to make a distinction between the accessory among practical criminals, helper, the accessory among unit criminals, the accessory among instigators,the forced accessory. We make an in-depth inquiry into the relationship of the forced accessory and the accessory, and hold the view that forced accessory is a kind of particular accessory.In chapter two, we distinguish the accomplished forms and the incomplete forms in the affirmation of accessory criminals, explain respectively the different crime forms of the different accessory. On the affirmation of the accessory in the accomplished form of crimes, we insist on three principles:the full responsibility of the part of actions,the auxiliary acts attached to the reality acts,different treatment of different criminals. These principles function as a guide to the affirmation of the complement of accessory. As the affirmation of incomplete forms of the accessory is more complicated, we should recognize respectively the preparation of accessory,abortiveness and interruption with the concrete types of the accessory in consideration.In chapter three, we focus on the single and plural crimes concerning the affirmation of different types of the accessory.Chapter four is a detailed exploration on the accessory and the status. The author of the dissertation first explains how to define the common crimes committed by the identified people and non-identified people. Based on the analysis of different theories, the author suggests different treatment for these two situations, as social status and identity are of considerable importance to the asserting of the accessory. Different cases are discussed in this chapter, such as how to make affirmation when the accessory is an identified person and the principal is a non-identified person; how to assert the accessory crime when the identified criminal instigates and helps the person who does not have a certain status to commit the crimes; how to identify the principal accessory when the common criminals are the persons who have certain status, etc.Chapter five offers a discussion on the issues concerning punishment of the accessory criminals, namely, the affirmation of the accessory's voluntary surrender, his deed of merit, his accumulative crimes and recommitment, the assuming and the affirmation of the penal responsibility of the accessory in the common criminal of amount.Chapter six focuses on the affirmation of accessory in the view of collective crimes. We advocate approaching this issue from the perspective of double standards. In the collective crime, the superintendent, other people with direct responsibilities and the unit they work for are independent subjects. They are an integral whole from the point of both subjectivity and objectivity. There is a kind of common crime under the collective crime. We will then explain the affirmation of accessory in the different common crimes of collective forms.In chapter seven, we make a thorough discussion on the affirmation of accessory in the organized crimes, such as organized terrorist crimes, the mafia crimes and the crimes committed by the assembled crowd.Chapter eight is a conclusive analysis on the development and improvement of the accessory system. We first put forward some proposals and constructive advice concerning legislation, improvement of the classification system and the punishment system. Then we elaborate on how to apply the policy of combining punishment with leniency, and how to affirm the accessory crime from the perspective of unanimity of the subjective and objective conditions.