Research On The Problem Of Unilateral Accomplice

As one complicated social phenomenon and legal phenomenon, the theory about joint crime has always been the focus and difficulty in the region of criminal law, in which the problem of unilateral accomplice is surrounded with many controversies and is to be solved. The questions including whether unilateral accomplice constitutes joint crime, where it does, what the elements of unilateral accomplice are, in what areas and how to conduct punishment are to be deeply researched by the present paper. By the discussion of the constitution, elements, areas and punishment of unilateral accomplice, the paper makes attempt to enhance academic foundation in theory for unilateral accomplice and provide solid foundation for the application of unilateral accomplice in practice.Apart from Introduction and Conclusion, the paper is composed of four parts.The first part, by taking the real cases encountered in judicial practice as the example, analyzes the dispute focus of the case, brings out the problem of unilateral accomplice which is greatly disputed in domestic and foreign theoretic circles of criminal law and introduces the contents to be discussed.The second part gives brief introduction to unilateral accomplice. First, this part elaborates the concept of unilateral accomplice; then this part begins with the nature of unilateral accomplice, analyzes by comparison of traditional negative theory and positive theory, and holds that joint intention provided by the criminal law of China actually contains joint intention of unilateral accomplice, and unilateral accomplice is one special existence of joint crime.The third part elaborates the constitution of unilateral accomplice. This part firstly focuses on the elements of unilateral accomplice. On the basis of unilateral accomplice in conformity with joint crime, unilateral accomplice is still required to meet with the special elements of its own. From subjective aspect, unilateral accomplice is required to possess unilateral intention, which is distinguished from comprehensive accomplice. From objective aspect, support act in secret by unilateral accomplices is combined with perpetration act of the party without knowledge, which jointly brings about the occurrence of the results which do harm to the society. And then, this part defines the range of unilateral accomplice. According to the division of work, joint criminals are divided into unilateral abettor, unilateral perpetrator, unilateral instigator and unilateral organizer and respectively makes analysis and research on the aforesaid four unilateral accomplices, among which the author affirms that unilateral abettor, unilateral perpetrator and unilateral instigator constitute joint crime while the author holds that there is no space in realty for unilateral organizer.The fourth part elaborates the criminal punishment on unilateral accomplice. This part focuses on the elaboration of the punish-ability foundation and specific punishment measures of unilateral accomplice. As for the punish-ability foundation of unilateral accomplice, this part makes elaboration from formal foundation and substantial foundation; according to the principle of partial act for all liabilities and the principle of individual liability of joint crime, this part respectively elaborates specific punishment measures of unilateral abettor, unilateral perpetrator and unilateral instigator and the party without joint intention shall be punishment according to single crime.