On The One - Sided Accomplice

One-sided accompliceis an objective phenomenon in the society, and there is lot of controversies which mainly focus on its nature, criminal liability and its establishment scope on it in the criminal law scholars. The criminal law in our country simply defines the concept of joint crime and from the perspective of traditional criminal law theory, the "one-sided accomplice" in our country’ criminal law is defined in a narrow scope which makes it is more difficult to study it and at the same time, makes it impossible to solve the problems about the application of One-sided accomplice in the juridical practice as a result it imposes negative effect on the realization of the principle of a legally prescribed punishment.In this article the author tries to prove the nature, establishment, and the criminalresponsibilityof One-sided accomplice, from the perspective of the principle of a legally prescribed punishment for a specified crime and subjective and objective consistent and from the perspective of constitutive elements of crime, basing on the basic opinion of theory of criminal commonness and theory of behavior commonness. What’s more, in this article, the author tries to rethink the regulation on joint crime in our countries criminal law through the study of one-sided and tries to reinterpret the "common crime of subjective intent" and present his own opinion on the scope of joint crime.There are four parts in this article besides preface. In the first part the author tries to review the theoretical rock of the joint crime theory:theory of criminal commonness and theory of behavior commonness. In the second part, the author will elaborate on the scope of joint crime. The criminal responsibility of the one-sided accomplice will be argued in the third parts. This article focus on the basis and establishment of one-sided and the criminal reasonable of accomplice.The article on joint crime is the "darkest" part of criminal law. There are various theories on this which are can’t consist with each other. In this essay, the author tries to trace the origins of one-sided accomplicetheory and study different opinions on the base of study of famous scholars to analyze and argue the basement and the scope of the establishment of one-sided accomplice and give his own advice on legislation. Since limited by the capability, the author can not to pursue a breakthrough in his study but just hope to present clearly the origins and developments of one-sided accomplice theory and make a good preparation for the further study.