Research On Unilateral Accessory

The establishment of unilateral accessory is subjected to great controversy on the theoretical and practical plane of criminal law in China and abroad. From the angle of hermeneutics, according to principle of a legally prescribed punishment for a specified crime and principle of suiting punishment of crime, the author reinterprets complicity in criminal law and discriminates the establishment of unilateral accessory. Finally, the author draws a conclusion that it's better to lay punitive foundation for unilateral accessory through complicity system for the time being.The full text covers more than 36,000 words, and the main body concludes five parts except introduction and conclusion.The first part is the summary of unilateral accessory. There are two types of theories on unilateral accessory in China and abroad, one is positive theory and the other is negative theory. And the point at issue is the contact of intention among actors essential to the establishment of unilateral accessory. The author analyses the traditional complicity theory and concludes that it is a narrow and incomplete view that only double-sided contact of intention is common intent in it. One-sided contact of intention is also the form of the intent of complicity. Afterwards, from the beginning of the definition of unilateral accessory, the author probes into the demarcation of the definition of unilateral accessory, points out its features and determines the nature of unilateral accessory on complicity.The author studies the range of existence of unilateral accessory in the second part. From the subjective aspect, only intention exists in unilateral accessory; and from the form of expression, the act of unilateral aid only infers to physical aid; and from the time of participation in complicity, unilateral accessory includes two kinds of unilateral accessory, one is unilateral accessory before the perpetration of a crime, the other is unilateral accessory during the perpetration of a crime; and from the track of act, both action and inaction can be the form of unilateral accessory.In the third part, the author inquires into the important constructive conditions of unilateral accessory from subjective and objective aspects. From the subjective aspect, the intention of unilateral aid is indispensable to unilateral accessory; and from the objective aspect, the act of unilateral aid is essential to unilateral accessory, and the participation and aid of unilateral accessory must be beneficial to the execution or fulfillment of the executor. In the fourth part, the author analyses the pattern of suspension and quantity of crime pattern in unilateral accessory crime. Generally speaking, the pattern of executor is in line with the pattern of unilateral accessory, if the pattern of executor is preliminary, abortive and accomplished, then, the pattern of unilateral accessory is also preliminary, abortive and accomplished. However, the pattern of unilateral accessory could be different from the pattern of executor. And the abortive and accomplished pattern of unilateral accessory have their own features. On the pattern of quantity of crime, the author mainly probes into three problems: one is the problem of unilateral accessory and continuing offense, the other is the problem of unilateral accessory and integrated offense and the third is the problem of unilateral accessory and implicated offense. In the crime of unilateral accessory, only by consideration of subjective aspect can we determine the quantity of crime of unilateral accessory. And we should discuss the quantity of crime according to various conditions, if there is integrated relationship or implicated relationship among several acts.The fifth part covers how to determine and punish unilateral accessory. From the aspect of determination, the author points out the relations and differences between unilateral accessory and one-sided accomplice, accessory, coincident principals and indirect principals. To begin with, from the aspect of punishment, the author discusses that the punitive foundation for unilateral accessory is the act of unilateral aid infringes on legal interests, in the form of subjective foundation, the intention of unilateral aid; and objective foundation, the act of unilateral aid. And then, the author suggests that unilateral accessory should be culpable of lighter punishment, mitigation of punishment below the minimum statutory prescript and remit punishment according to principal offender, after all, unilateral accessory is accessory. Simultaneously, the author points out some matters needing attention in order to fit in with the needs of judicial practice if unilateral accessory be punished.In a word, the objective reality of unilateral accessory urgently demands that people should update the ideology of complicity and innovate the theory of complicity. Regarding unilateral accessory as complicity, not only originates from social reality and the needs of judicial practice, but also breakthroughs the fixed made of thinking of traditional complicity theory and opens a new window for further development of complicity theory.