Research On One-sided Accomplice

Joint crimes has always been the focus of the study in the theoretical circle of criminal law and one of the difficulties in criminal law field. One-sided accomplice problem is a controversial issue within the context of joint offence. It is also a burning question in criminal legislation and judicial practice as well. One-sided accomplice, as a social phenomenon, has been existing since ancient times. But as a term used in civil law system countries, it originated with bourgeois criminal jurists to generalize the cases of assisting others to commit a crime unilaterally. With hundreds of years' evolution, although great progress has been achieved on the issue of partial accomplice many questions are waiting to be solved. Therefore, it's of great significance theoretically and practically to strengthen the study of partial accomplice theory. On one hand, it will be able to enrich the theory of partial accomplice; on the other, it's helpful to the measurement of penalty.Except forword and epilogue : this thesis is divided into the following four parts: The first part: the overview of one-sided accomplice. This part is on the following issues. Firstly, it discourses the theory origin of one-sided accomplice, which grew directly out of the theoretical divergence between the common crime theory of criminal classical school and common behavior theory of the criminal evidence school. Secondly, it introduces the legislative conditions of one-sided accomplice and investigated the different manifestations of one-sided accomplice in criminal legislation. Finally, it discusses the theoretical disputes on the nature of one-sided accomplice, among which are positive theory and negative theory. And the author agrees with the former one.The second part: the concept of one-sided and its constitution factors. Firstly, it discourses the concept of one-sided accomplice. And then it focuses on the constitution factors of one-sided accomplice. Its constitution factors are based on the constitution elements of joint crimes. Besides these, it also has its special conditions. The constitution of the one-sided accomplice is the amendment of joint crimes.The third part: the type of one-sided accomplice. This part focuses on the type of one-sided accomplice. In the theories of Chinese criminal law, one-sided accessory, as a typical one-sided accomplice, has been confirmed by more and more scholars, while great theoretical divergence exists in the aspects of unilateral offence doer, unilateral prime culprit, unilateral abettor and other kinds of one-sided accomplice. According to the general theory of the constitution of crime in china and on the basis of the real situation of accomplice and judicial practice, the author thinks that unilateral prime culprit does not exist in reality, while unilateral offence doer, unilateral abettor and one-sided accessory all can help set up joint crimes.The fourth part: the criminal liability and perfection of criminal law of one-sided accomplice. On the basis of affirming that one-sided accomplice is a special form of joint crimes, linking with our existing theory of joint crimes punishment, the author discusses the punishment to one-sided accomplice. This part focuses on three issues: the first one is the punishment basis of one-sided accomplice, which presents theoretical premise to punish one-sided accomplice; the second one discussed the punishment method of one-sided accomplice and the last one discusses the perfection of criminal law on the one-sided accomplice and proposes legislation recommendations.