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On The Unilateral Accomplice

Posted on:2009-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:H B ZhangFull Text:PDF
GTID:2166360245990582Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In social activities, the unilateral accomplice exists objectively.The current academic have been studying the unilateral accomplice ,however,they hold different opinions about it and have drawn different conclusions.This is not only because of the criminal lawmaking, but also is concened with how to identify the unilateral accomplice in judicial practice,but it is mainly for lacking of scientific understanding of the criminal lawmaking.Therefore, the unilateral accomplice is mainly about the criminal theory and jurisdiction,rather than criminal legislation.That being the case, to enrich the criminal theory and be contributive to the criminal justice, it is necessary to carry on new study on the unilateral accomplice.It is more scientific to give a definition of unilateral accomplice from the criminal perspective. It concludes that the unilateral accomplice is a special crime pattern in which the actor add the joint force to others secretly intentionally while the actor considers the others to have no consciousness about it. It elaborates in detail on the constitution elements of the unilateral accomplice.from the subject, the subjective element and the object. Menwhile ,it carry on scientific classification to the unilateral accomplice according to the standerd of the number, nature and identity of the perpectror.Concerning the nature of the unilateral accompice, it argues that the common crime of unilateral accomplice and the single crime of unilateral accomplice exist simultaneasly.Based on the subjective and objective principle of the crime constitution, it comments the theories mentioned, and concludes that the unilateral accomplice does not belong to the common crime,but the single crime. The exsistive source is based on two aspects: legal source and factual source. The legal source has constitutional source and criminal source. The factual source has substantiality source, necessity source and feasibility source.In order to definite the existive scope of the unilateral accomplice, it presents various viewpoints and concludes that the unilateral doer, the unilateral incitor and one_sided accomplice can commit the unilateral accomplice, and also clarifies their constitution elements. Finally, it inquiries into the principle of how to pursue the criminal responsibility of the unilateral accomplice,and it shows that the principles below should be concluded: the principle of the facts as source and law as the yardstick; the principle of individual punishment; the principle of appropriately hervier_punished penalty.The principles provides scientific basis to affirm the criminal responsibility of the unilateral accomplice from the perspective of the criminal judiciary.
Keywords/Search Tags:the Unilateral accomplice, Concept, Source, Scope, Criminal responsibility
PDF Full Text Request
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