Research On One-sided Accomplice

One-sided accomplice is a kind of behavior type of accomplice, belonging to the category of accomplice. It is significant to classify one-sided accomplice in terms of solving the problems of determining guilt and weighing the penalty. Currently, one-sided accomplice is still an important imperfection within accomplice theories research, and is the problem that is desiderated to resolve. This text is divided into five parts totally:The first part is the concept and the theories interfluves of one-sided accomplice. The so-called one-sided accomplice is a special crime appearance which means that a square within common behavior person has to carry out the crime with others together intentionally, and under this kind of intentional domination to another square's criminal offence carries on to participate, join force secretly, but another one square has no knowledge to this also, the both parties' behavior cause the result occurrence of crime together finally. Its theories produces directly in the rift of the doctrine of crime together of the crime of the classical school and the doctrine of behavior together of the crime substantial evidence school. According to the doctrine of crime together, all accomplices can be an overall accomplice only, the unilateral accomplice who has no mutual contact of meaning does not establish common criminal. But according to the says of behavior together , as long as the several people contain common criminal offence ,they can be thought to be accomplice, one-sided accomplice which establishes common crime is one of the meanings of it. In our country penal code theories field, because it is different with the comprehension of the common and criminal meaning contact, it also exists the affirmation say and the negation say, and among the affirmation say still have the differentiation of the scope .I approval affirmation say, and I think that one-sided accomplice is a kind of special form of accomplice.The second part is the basis of one-sided accomplice which establishes accomplice. The one-sided accomplice that establishes accomplice has legislation basis and realistic basis. First, one-sided accomplice has the basis of lawmaking. The lawmaking of one-sided accomplice existed in the history of our country, at the same time in the penal code of the current Taiwanese penal code and some oversea...