A Theoretical Study Of The One-sided Accomplice Establishment

The one-sided accomplice is an objective fact in the society. There are disagreements about the nature of the one-sided accomplice due to criminal law experts' different standpoints and accomplice concepts, namely, disagreements between negative and affirmative opinions. The thesis will first have a thorough analysis of studies about the one-sided accomplice both in China and abroad. The thesis affirms that the one-sided accomplice is a special form of joint offence from the perspectives of philosophy and constitution of a crime. In the thesis, we break through criminal law's traditional understanding that intentional joint offence can only be a two-way contact, and think that a one-way contact is also a type of intentional joint offence. In addition, we advocate that the establishing scope of the one-sided accomplice should be broadened to include one-sided perpetrators, one-sided instigators and one-sided abettors. We will try to help establish the theoretical status of the one-sided accomplice in China's criminal law, perfect the legislation of the one-sided accomplice, and supplement the joint offence theory in the hope of an effective blow and a lawful inquisition to criminals.There are five parts in the thesis:Chapter 1 is a brief introduction of disputes over the nature of the one-sided accomplice, including the negative and affirmative opinions now available. We affirm that the one-sided accomplice is a special form of joint offence through comments on the negative opinions. Besides, we will study relevant regulations about the one-sided accomplice in foreign countries, including Continental Legal System countries like Germany and Japan and Britain and American Legal System countries like Britain and America.Chapter 2 is an exploration of the theoretical basis for the one-sided accomplice. In this chapter, we think that one-way contact is also a form of "mutual intent" through the analysis of "contact" in Marxist philosophy and we establish theoretical basis of criminal law for the one-sided accomplice through the theoretical analysis of its constitution. Chapter 3 is the establishment of the existing scope of the one-sided accomplice. We think the one-sided accomplice includes one-sided perpetrators, one-sided instigators and one-sided abettors, while one-sided organizing criminals are not likely to exist due to their own characteristics. In addition, we make a theoretical verification of the above opinions.Chapter 4 is about some comparisons. In this chapter, we make comparisons of the one-sided accomplice and the indirect principal accomplice, the one-sided accomplice and the joint principal accomplice to establish their bounds. In addition, we make a detailed analysis of their differences to put them into practice.Chapter 5 is a conclusion. In this chapter, we summarize regulations on the one-sided accomplice implied in China's criminal law and judicial interpretations. Accordingly, we suggest that legislation be amended, the one-sided accomplice be an entry into the criminal law as a special form having corresponding responsibilities and punishment.