A Study On Rumors Of Yuan Mou And

Unilateral accessory is an objective social and legal phenomenon, often appears in judicial practice, It refers that the behavior provide some help to the perpetrator, and the perpetrator is not aware of the existence of the help. Chinese and foreign criminal law experts are not controversy on which the unsuspecting perpetrator bear responsibility for their behavior does not constitute the joint crime, but are not reached agreements to whether the informed party constitute unilateral accessory. This article break the point though the case "Yuan and Ye’s rape" in the judicial practice, and lead us to the issue of unilateral accessory helping criminal, author expect to be benefit to this theory.Unilateral accessory and unilateral accomplice are closely connected, We are hardly to study unilateral accessory helping criminal without discuss the unilateral accomplice theory. The key point to solve the unilateral accessory conviction and sentencing issue is start from the conviction and sentencing of unilateral accessory. Therefore, the author is closely linked with unilateral accomplice when discuesses the unilateral accessory issues, and research from the four following aspects:First of all, the author summarizes the domestic and foreign disputes about unilateral accessory theory in order to solve the properties of unilateral accessory, points out the focus of controversy, embarks from our country’s unilateral accomplice theory and hermeneutics, according to the principle of legality and criminal responsibility from three major criminal laws of China. To analysis and illustrat the terms of common crime in the criminal law of our country, also explore the establishment of unilateral accessory, futur point out that the unilateral accessory is the typical form of the unliateral accomplice, admited unliateral accessory is the breakthrough of theoretical research, and also the needs of judicial practice.Second, in order to solve the the criminal conviction problem of unliateral accessory, the author intends to explore and discuess this issue start from the constitute elements of unilateral accessory, and the differents between unilateral accessory with the indirect guilt, on this basic, this paper certainly in Ye’s case, his behavior establish the unilateral accessory instead of indirect principal.Third, in order to solve the sentencing problem of unilateral accessory, the author analysis from the penalty related to unilateral accessory, and pointed out that in the case the sentenced of Yuan, Yei is appropriate.Finally, the author points out the legislative defects and the lack of theoretical research of unilateral accessory. Thought that both the theory circle and judicial circle recognized the criminalism and penaltism of unliateral accessory, just a different approach in solving the cases. The author thinks that the principle way to solve the issues is the legislation affirming of unliateral accessory. We should admit accomplice properties in order to fundamentally solve the problem of criminal responsibility of unilateral accessory accomplice. Therefore, the author proposed a revision of the criminal law, the penal code directly rule the unilateral accessory for clear legal provisions.