Research On The Nature Of Accomplices

The nature of accomplices is the primary issue in the complicity theory. At the same time, it is also the key point to understand many issues on accomplices. Making a thorough study on the nature of accomplices is helpful for avoiding the confusion in the complicity theory and advancing the correct application of law in judicial practice. Therefore, the paper gives a comprehensive and systematic expression to the nature of accomplices, from five angles such as outline of the nature of accomplices, the current academic situation of the nature of accomplices, the theoretical foundation of the nature of accomplices, the inspection of the nature of accomplices in Chinese penal theory, the practical significance of the nature of accomplices.Part I: In this part, the paper mainly elaborated two issues, the conception of the nature of accomplices and the theoretical status. The nature of accomplices has a specific meaning. The general viewpoint is that the nature of accomplices means the connection between principal and accomplice. Here, the so-called"accomplices"can be broadly understood as organizer, abider and instigator. And the"principal"means committer. About the nature of accomplices, the first issue to be addressed is whether accomplices have independent mature or dependent nature, or double natures. If we confirmed the dependent nature, the second issue should be the degree of independence.The nature of accomplices plays an important theoretical status in penal theory. It is because different understandings of the nature of accomplices that we draw different conclusions in all other issues in complicity theory. So, we must first study the nature of accomplices in research on complicity. The nature of accomplices has extremely important theoretical value and practical significance. We may say that the nature of accomplices is the theoretical foundation of the complicity theory.Part II: The second part is the summary introduction and evaluation about the doctrines of the nature of accomplices. On the whole, there are three doctrines, theory of subordinateness of accomplices, theory of...