Study On One-sided Accomplice

The concept of partial accomplice is penal code terminology ofmainland legal system. It is used to generalize the situation that onepurposely helps the other to commit crime. Scholars of capitalistic penalcode initiate it. The nature of partial accomplice is the basic element in thetheory of partial accomplice. Partial accomplice has been one of the mostimportant controversial questions since the birth of modern penal code. Withhundreds of years' evolution, many questions are still waiting to be solvedthrough great progress has been achieved on the issuer of partial accomplice.Therefore, it's of great significance theoretically and practically to strengthenthe study of partial accomplice theory. On one hand, it will be able to enrichthe theory of partial accomplice; on the other hand, it's helpful to deal withconviction and measurement of penalty. The paper consists of introduction,main body and conclusion in order to meet the needs of theoretical study.The main body of the paper is made up of six chapters.Chapter one is about the theoretical origin of the partial accomplice. First,the paper introduces how the theory is put forward. It's true that the rising ofany theory aims to solve a certain practical problem, so does the theory of thepartial accomplice. If the relationship between the helping act and the criminalact which is cooperated by helping convict is cut apart, there will be noreasonable ways to treat the partial helping criminals. The act that isimplemented by partial accomplice should connect with shared crime. In otherwords, the partial accomplice cannot be sentenced guilty and investigatedunder the law until it is regarded as shared crime. Second, the paper gives abrief comment on the developing orientation of partial accomplice. It holdsthat both new and old schools of thought gradually prefer a compromisingresolution. The two schools have broken through the limitations of differentstandpoints on a number of correct questions; instead, they would like tocombine the advantages of both sides in order to overcome the shortcomingsof their own.Chapter two analyzes the divergences of partial accomplice theory. Thepaper introduces the arguments on problems relevant to partial accompliceexisting in China and abroad. Through comparing and contrasting thedivergence, it's clear that the existence of partial accomplice theory has itsown special value. Partial accomplice is an important member of shared crimefamily. As a social phenomenon, partial accomplice isn't the product ofimagination or delusion by penal code scholars and levitators. Chapter three talks about foundation of asserting partial accomplice.Weather partial accomplice will be asserted or not is controversial greatly inthe theory of penal code. Hence the paper combine the theory .and practice ofpartial accomplice, through which the paper expounds and proves that theexistence of partial accomplice is necessary in terms of reality; at the sametime, the partial accomplice ought to be executed in terms of statute. Theprocedure of expounding and proving the point of view unfolds from threedimensions: philosophy, reality, and regulations of penal code. We can't ignorethe reality or adhere to the traditional theories in reality. On the contrary, weshould pay attention to the development of theories in reality constantly.Only in this way can the theory of shared crime be improved deeply and gainsfresh energy continuously.Chapter four deals with the field and main elements of partial accomplice.The field of partial accomplice is decided both by the phenomenon ofshares-crime in society and by the objective need of judicial practice intreating shares crime. On the issues involving the field of partialaccomplice, the author agrees with the views of dominating scholars. Thatis to say, only helping criminal can be partial accomplice. The assertion ofpartial accomplice possesses its own distinguished characteristics: mainconvict genuine act, the purpose of sharing crime and helping act. Theconstruction of partial accomplice is based on amending shared crime. Themain body of partial accomplice has its specialty; the existence of one mainbody is the opposite of operating criminal who doesn't know the facts of a case. If we cast asidethe operating criminal absolutely, partial accomplice loses its foundation aswell.Chapter five is mainly about some relative problems of the process ofassertion and operation of the partial accomplice. More and more scholarsbelieve that in the theory of the penal code of china, partial helping criminalis a typical form of the partial accomplice. Though it is a special form of thepartial accomplice, it presents in different patterns because of somesubjective and objective reasons. The author firstly asserts that the partialaccomplice is a part of the share crime, and then according to the theory of thepenal code of china, superficially discusses problems that are appeared in theprocess of the assertion and operation of the partial accomplice. Such asvaguely distinction of the partial accomplice, simultaneous criminal andindirect criminal. Meanwhile, the author elaborates the non-conduct criminal,the recognizable mistakes of the partial accomplice. The author also tries togive an overall elaboration of the theory of the partial accomplice.The main points of chapter six run as follows: the criminal responsibilityof the partial accomplice and the completion of the penal code. One of theaims for studying the theory of the partial accomplice is appropriately solvingthe problem of the criminal responsibility of the partial accomplice. Accordingto the penal code, the partial accomplice undertaking the criminalresponsibility has important significance. That is, the partial accomplice doescertain criminal act and accuses a situation that put the responsibility on theactor. In other words, the behaviors of the partial accomplice tally with some...