On The Unilateral Accomplice

Accomplice is a focus of criminal law academic activities, and it is also a complicated point in this field. Studying about it is not only helpful to enhance the theory of criminal law but also available to eliminate the obstacles of applying the laws in practical correctly. Unilateral accomplice is a disputed task in accomplice category. It is urgent to find the ways of solving the problem in criminal law legislation and criminal judge. It is for sure in practical there is a special kind of crime that the actor has the criminal intent and do assist a third person on doing the criminal behavior, but the third person does not know that he has done the assistance, so the third person does not have the intention. It is difficult to find the solution according to the current criminal law without the practical guidance. The only result is loosing the crime. Therefore, in this thesis the unilateral accomplice will be discussed particularly on the basis of solving the problem, with aiming at guiding the practice. There are five parts in the thesis:First, the law scholars' discussion between domestic and other countries of the world about unilateral accomplice will be introduced. Then the author's view will be pointed that it is possible the unilateral accomplice exists in reality. The value of unilateral accomplice in theory and practice is irreplaceable. In this section, the author will discuss about it in six parts: 1 the reality is the basis of unilateral accomplice.2 from philosophy angle, although under the circumstance of unilateral accomplice, to some degree the actors have some relationship on subject.3 the accomplice criminal accords with the accomplice theory of the current Chinese law.4 to acknowledge the unilateral accomplice will not lead to impute objectively 5 this theory is not omnipotent, but it is helpful to solve the problems which can not be settled down according to the laws now.6 the precedents of acknowledging and legislating related laws about unilateral accomplice exist in the history of Chinese and other countries. Now it is becoming international, so to acknowledge the unilateral accomplice is beneficial to Chinese criminal law. In this section the nature of unilateral accomplice was specified in short passages. At last a conclusion was reached that the unilateral accomplice is a special form of accomplice.In the second section, the possibility of unilateral accomplice's existence was specified. When the abettors and accessory offenders emerge it is possible that the unilateral accomplice exist. That is unilateral abettors and unilateral accessory offenders have the possibility of existing under this condition. In this section, accomplice and narrow sensed accomplice were specified separately. The author keeps a negative view on the question if the narrow sensed accomplice exists. The reasons: 1 the principal criminal and narrow sensed accomplice are different, the first one does not have accessory. 2 if the principal criminals act jointly they will understand each other's action, reinforce and then result in the crime. 3 if the unilateral accomplice was considered as principal criminal, the laws will face the problem of performing unfairly. The author believes that one who acknowledges unilateral accomplice will acknowledge unilateral accessory offender, who keeps negative views will reach the negative results. The reason is according to the abettors and accomplice, the accessory offenders have more connection with the principal criminals. Whether the unilateral accomplice theory is acknowledgeable or not is the question of unilateral accessory offenders' acceptability. The author has the positive points of unilateral accomplice so he agrees that the unilateral accessory offenders theory is correct. The author agrees the unilateral abettors also, but it is a disputing problem. If the unilateral abettors' theory is tenable, it will be discussed in the area of accomplice abettors, they have the subordination. So the unilateral abettors are abettors but not complete a...