Study On The Departure From The Complicity

The concept of departure from the complicity was firstly proposed by the Japanese scholar. It is to settle the criminal responsibility of the prisoners who did theirs best of the suspension, but still did not prevent other living prisoners' criminal acts or the outcome of the criminal complicity in the common crime. Departure from the complicity is an important component of the common identity of the criminal system, and it is different from the concept of suspension. Chinese criminal law does not make clear about withdraw from the complicity, which is contradictory with the phenomenon of a large number in real life .The theory of suspension from the complicity in Germany and Japan is different from China's,it will be not able to adapt to China's legislative, judicial practice if we introduce the foreign theories blindly. However, it will be unequal which place the people who depart from the complicity and others on the same status, because it is inconsistent with the demands of policy and the unity of objective and subjective situation and the principle of legality .In view of this, it is a pressing issue to strengthen the research of this theory and integrate it into our criminal law system , so that it will fill the gaps in the theory of China's complicity and guide the judicial practice.This article is based on the theory of Chinese criminal law and uses the basic legal research methods ,tries to put this theory into the system of a common crime in our country by studying other countries'.The first part puts forward the problem and elaborates the conception of withdraw from the complicity . It introduces the problem based on the judicial practice of China's complicity ,and then explains the relationship between withdraw from complicity and suspension from a common crime .It proposes that someone do not need to bear the criminal responsibility of other's acts who automatic stop committing criminal acts and tries one's best to offend the outcome .The second part focuses on the conditions who depart from the complicity.It is mainly on the basis of introducing the domestic and international withdraw from the complicity.The features are time nature,essential action ,subjective voluntary action and objective action.The third part is to study on the specific types of withdraw from the complicity.Firstly,this thesis refers the co-perpetrator of withdraw from the complicity; Then it introduces abettors'relations secession.Finally,it introduces help offenders. Finally,it introduces the penalties of withdraw from the complicity. In this part, the thesis introduces the provisions of penalties in different countries, and then the thesis puts forward the view that make common rules in general rules as a "golden bridge" for those who could return from the establishment.