On Successive Accomplice

In real life,there are many kinds of criminal phenomena, joint crime occurs frequently in judicial practice, so the criminal phenomena in joint crime are also diversified. There are cases in joint crime that some people are not involved in crime during all the processes, but involved when some others are taking crime. Theorist calls this case successive accomplice, but some scholars dispute on whether there is accomplice or not, and how to take the duty. At present, Chinese criminal law theory has no research on successive accomplice, but such cases often occur in judicial practice. So how to convict and punish these behaviors becomes a new task for criminal scholars. This paper tries to summarize the development, characteristics, classification of successive accomplice, and demonstrate how to take the criminal duty on the base, in order to improve the accomplice theory for better practice guide.In the first part, the writer introduces some cases about successive accomplice in practice and some related doctrine. In foreign countries, the theory of successive accomplice was advanced earlier than in our country, there are more scholars working on this theory, so the theoretical study developed faster. There are many different views about successive accomplice both in practice and the doctrine of scholars, including positive, negative and restricted views. There are also related cases in our judicial practice, which are handled as joint criminal. On the basis of analysis and research, the writer deem that we should affirm the successive accomplice both in practice and theory, and shouldn't deny it only because the dispute on...