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Study On The Basic Theory Of One-sided Accomplice

Posted on:2012-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2166330335459415Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
A joint crime is a very complicated social phenomenon, and one-sided accomplice is one of special forms of complicity. It is great significance to be thought one-sided accomplice as joint offense. If the joint offense one-sided accomplice, its theory system will be improving day by day and we can make correct decision to punishment fits the crime.The concept of one-sided accomplice was first proposed by the buli。This concept tries to solve the problem that how to make punishment to fit the crime if the subject of crime secretly assists the complicity. In the countries of common law system, the one-sided accomplice can exist because they don't think that the joint offense must condense special subjectireness. No matter the subjects exchange their learning with each other or not in the crime, it can constitute joint offense.We must make sure that the joint offense is constituted before we belong one-sided accomplice to it. The joint offense had been constructed based on the theory of same crime and same behavior If we apply this two kinds of theory to solve the problem that whether one-sided accomplice can be thought as joint offense, we are liable to come to wrong conclusions. In China Penal Code, the principle of integrating the subject and the object is the basic principle and the Cretical Path of the Marxist Philosophical is the basic theory. From the angle of objective, the behavior of the subject of one-sided accomplice infringes criminal legal interests, and violates criminal laws and should suffer the criminal punishment. From the angle of subjective, the subject of one-sided accomplice desire to join and assist in complicity, so it must to assume the responsibility. From analyzing and discussing, it is concluded that one-sided accomplice belongs to the joint offense.It is logical and reasonable to take it as a special ease in accomplice called "one-sided accomplice". We must define the condition of one-sided accomplice, otherwise we can't make right decision to convict and weigh the punishment. From the analysis and the discussion we can fix that both one-sided implementation and one-sided accessory and one-sided organization constitute one-sided accomplice with non-existence of one-sided abetment. Studying the one-sided accomplice is intended to prevent and punish crime. According to the condition of one-sided accomplice, the subject of it infringes criminal legal interests and should suffer the criminal punishment. The subject of one-sided accomplice should take full responsibility for its behavior.
Keywords/Search Tags:One-sided accomplice, one-sided implementation, one-sided accessory
PDF Full Text Request
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