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From Accomplice Relationship

Posted on:2011-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:S M ChenFull Text:PDF
GTID:2166360305977044Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Common Crime plays a decisive role in our country's criminal law theory. In addition, the complexity of its theory also determines its unreasonable points in legal regulation. The proposal of complicity renunciation theory solves the culpability problem, that is: although some accomplices have tried to stop, they still did not prevent other criminals'acts or effectively prevent the consequences of the crime from occurring. The theory first proposed by Japanese criminal law scholars. Some European and American countries have similar provisions in their criminal laws. In practical terms, many countries have done a lot of relevant research based on complicity renunciation theory and applied it in judicial practice. However, in China, the study of complicity renunciation theory is still in infancy stage, Criminal law provisions are not clear from the provisions of complicity, what's more, there is no definite provision of complicity renunciation theory in clauses of criminal law. In judicial practice, complicity renunciation theory is only treated as suspension of a crime. Therefore, this paper bases on the theory of China's Criminal Law, draws lessons from overseas research on the theory and makes appropriate modification according to China's national situation so that we can enable it to integrate into the theoretical system of Chinese criminal Law to fill the blank of complicity renunciation theory in Chinese criminal Law.Except foreword and conclusions, the thesis consists of the following three parts:The first part: the brief introduction of complicity renunciation theory. This part first gives an in-depth analysis about the concept, characteristics, theory of evolution and related historical background of complicity renunciation theory. This paper studies complicity renunciation theory at home and abroad and borrows ideas from Professor Da Gushi's theory which complies with our criminal theory and judicial practice and proposes views on complicity renunciation theory. Then this paper analyzes the similarities and differences between complicity renunciation and complicity termination and thus gives a clear demonstration on complicity renunciation and complicity termination both here and abroad. Finally, this paper pays more attention to the function of complicity renunciation, including the function of compensation for the deficiency in complicity termination, the function of legal interest and the function of improving criminal justice system.The second part: the recognized standards of complicity renunciation. This part analyzes the standards and elements of complicity renunciation theory. This paper first introduces the recognized standards of complicity renunciation abroad, especially gives detailed introduction on several representative judgment of complicity renunciation in Japan: lack of common meaning, permission of criminal attempt, separation of cause and effect, exemption of complicity renunciation and so on. Through the comparative analysis of above theories, the author believes that exemption of complicity renunciation is more in line with China's Criminal Law and Judicial Practice. This paper gives particular exposition on the standards of complicity renunciation based on exemption of complicity renunciation in three aspects: subjective conditions, objective conditions and time conditions. Then it will exploit specific complicity renunciation, including the renunciation of organizer, the renunciation of perpetrator, the renunciation of abettor, the renunciation of instigator.The third part: the construction of complicity renunciation system in China. This paper first analyzes the necessity of introducing complicity renunciation theory. Then this paper establishes a general to individual pattern according to our complicity renunciation theory. Finally, according to China's national conditions, the author proposes her own opinions on the penalty complicity relation.
Keywords/Search Tags:nature of accomplice, complicity relation, renunciation, abandonment
PDF Full Text Request
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