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Study On The One-sided Accomplice From Lee's Theft Without Accomplicity

Posted on:2009-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y M YeFull Text:PDF
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One-sided accomplice is the most controversial theory in common crime. To support one-sided accomplice in theory and to acknowledge it in legislative practice will undoubtedly guide our judicial practice. This paper raises the proposal of one -sided accomplice by quoting a trial made by the criminal court of Foshan Chamber on Lee's theft without complicity, and connecting the two controversies in the process of hearing the case. Subsequently the author introduces and comments the two theories in abroad on the common crime, namely, the theory of common crime and the theory of common behavior, and draws that the basis for foreign scholars to acknowledge one-sided complicity currently is the theory of common crime. Furtherly, the paper inspects the legal attitudes towards the one-side accomplice in civil law and common law, and through comprehensive analysis of the two schools, the paper draws, whether directly or indirectly, these two schools both accept the existence of one-sided accomplice in the legislative council. In view of the theory and practice concerning one-sided accomplice, the paper inspects the current theory and practice on one-sided accomplice in China. Since the theory of the unity of subjective and objective is recognized as the legislation basis of the common crime in China, one-sided accomplice can't be recognized in legislation. While there is an urgent need to recognize one-sided accomplice in judicial practice, and therefore, in order to solve theoretical and practical contradictions between the judicial effectively, and not to contradict China's traditional theory on common crime, many Chinese scholars attempt to achieve a breakthrough of one-sided accomplice theory from various aspects. Finally, by analyzing comprehensively the results of these breakthroughs and studying regulations about the common crime in Section 25 of China's "Criminal Law", with subjective contact as the main line, the paper analyzes respectively the principal,organized criminal,abettor,helping criminal and draw that one-sided accomplice exists in the scope of abettor and helping criminal. Since abettor holds its own characteristics, the focus lies on helping criminal, hence the paper proposes a slightly modification of Section 25 of the "Criminal Law" by adding one-sided helping criminal as a provision of it so as to improve our common crime theory, and to combat the crimes with the characteristics of one-sided helping criminal effectively and to maintain the legal benefits protected by the "Criminal Law" in maximum extent.This paper is divided into four chapters:Chapter 1 introduces one-sided accomplice through the controversial of a trial made by the criminal court of Foshan Chamber on Lee's theft without complicityThe second chapter describes the relevant debates on one-sided accomplice and comment briefly from theory and legislative review, and then analyzes the impacts on China common crime theory.Chapter III introduces debates in China on one-sided accomplice on the basis of the second chapter ,and introduces the theoretical foundation of one-sided accomplice in China , especially the breakthrough made by the scholars supporting one-sided accomplice respectively from the unity of subjective and objective, China's common crime legislation and the theory ,and the author reviews these breakthroughs from the subjective links these comments out of focus, and suggests that the discussions of one-sided accomplice should be based on China's specific legal environment.Chapter IV is the conclusion of the article. The paper studies one by one the four forms of common crime in Section 25 of China's "Criminal Law" in considering comprehensively the theory and practice of common crimes and one-sided accomplice in China and abroad and ultimately determines the existence of one-sided accomplice in the China's legal environment, also proposes the "Criminal Law" should incorporate one-sided helping criminal.
Keywords/Search Tags:common crime, one-sided accomplice, one-sided dolus, one-sided helping criminal
PDF Full Text Request
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