Research On One-sided Accomplice

The one-sided accomplice is an abbreviation for unilateral complicity,and is also an important terminology of accomplice theory in continental law system,which derives from theory confrontation Of the accomplice doctrine in the Criminal Classical School(classical school)and the behavior common theory in the Criminal Solid-Evidence School(new school).In China,criminal law theorists have discrepant opinions on characterization of unilateral accomplice,and the theoretical dispute results directly in the conflicting judicial practice.This paper takes the rationality of our country common crime system as an entry point,and proposes that the ultimate reason for the one-sided accomplice to fall into a dilemma is the wanting distribution of the complicity system and the independent crime system.Accomplice system in China takes the relationship of accomplice as a core,and cannot cover the one-sided accomplice,but the existing independent crime system is not able to contain it either.In order to solve the problems of conflicting cognizance of the one-sided accomplice existed in the practice of theory,the conception of with-the-aid-of crimes is proposed to substitute for one-sided accomplice in the light of the statutory principle of crimes and the human rights idea,and is classified among the independent crime category.Finally,my own viewpoint is proposed for the judicative cognizance of with-the-aid-of crimes.