On The One - Sided Accomplice

Traditional common crime theory in dealing with new types of complex criminal cases more than often helpless, some cases by common criminal provisions of criminal law alone is difficult to handle. Sided Accomplice is the objective existence of such a legal phenomenon, the emergence of Unilateral Accomplice for traditional common crime research new difficulties. For a long time Chinese and foreign criminal law scholars debate the possibility of establishing a joint crime sided Accomplice quite controversial. This article attempts to reveal the essential attribute of the one-sided accomplice by sided Accomplice of domestic and foreign legislation, by the doctrine of comparative study, include the one-sided accomplice into common crime areas, and introduce the details of the constituent elements of the one-sided accomplice, established range, and come up with some advices of sided Accomplice’s conviction and sentencing based on the principle of joint criminal penalties. Hope Sided Accomplice theory to provide a strong legal basis in the judicial practice for accurately investigating for criminal responsibility of the criminals, effectively protecting citizens’ legitimate interests not infringed.This article will analysis and appraisal sided Accomplice from the following four parts:The first chapter begins with a brief introduction of the classification of the for common criminal system, and their accomplices, leads to the concept of one-sided accomplice, and later introduce sided Accomplice status of legislation in the foreign criminal law, followed by analysis of the common foreign crime and behavior common to say two different theories about the nature of the one-sided accomplice controversy, than have further discussion of the two diametrically opposite domestic about the possibility of establishing a common criminal of sided Accomplice. Finally, that I stand, admitted sided Accomplice to the establishment of a common crime.The second chapter summarizes the constituent elements of the one-sided accomplice. Starting from the analysis of the constituent elements of the common criminal, than discuss the particularity of sided Accomplice. Discourse the main elements of the establishment of a common crime, subjective elements and objective elements.The third chapter discusses the presence of the one-sided accomplice range. First introduced the current debate on the scope of the existence of one-sided accomplice, and then show that my point of view, there is one-sided Accomplice Perpetrator, one-sided help prisoners, one-sided instigator, there is no one-sided association to commit.The fourth Chapter start from common criminal penalties and punish principles, discussed the criminal responsibility of one-sided Perpetrator,one-sided help prisoners, one-sided instigator, provide a legal basis for the processing sided Accomplice in judicial practice.