On The Construction Of The System Of Accomplice In China

As is known to all, from the theory of joint crime relationship is originated in the suspension of joint crime theory, it produces a start is used to make up for the deficiency of common crime to suspend the, is to solve those it made great efforts to stop crime but the results failed to prevent the crime of the offender of criminal responsibility. Japan out of joint crime is more mature study, put forward the attempted obstacles apply mutatis mutandis, mean cut off contact, causality and dissolution of a joint crime relations, and supported by some scholars in our country, thus contributed themselves to the theory of joint crime to suspend the supplement and perfect, and along with the deepening of the research on joint crime from theory, many scholars have found and recognize that today’s theory of joint crime from, is no longer just simply apply to suspend crime in joint crime of complement, but to be one of the joint crime requires a separate study of important areas, its discontinuation of a crime and common has belong to different state of joint crime stop research category, has its own theory value and research value.On this theory in our country at present is still in a simple introduction of foreign theories, the research on it is more obvious and chaos, can’t really to apply theory of joint crime from the judicial practice. Therefore, in the face of our country to the theory and the judicial status quo, very need to strengthen the joint crime of conform to the actual situation in our country from the system construction, Because this is our country crime, responsibility and punishment to adapt to the request, also is the inherent requirement of modesty in criminal law, not easy to supplement and perfect the theory of joint crime to suspend the necessary, but also criminal policy should have some meaning, but also conducive to the realization of the purpose of criminal law. Specifically, in the joint crime from the system of our country building, first of all, from the time of joint crime, the subjective and objective aspects from the standard were discussed. Second from implementing crime, organization crime, the instigator and help make this a few types of typical, through started began before and after the two cases are out of complicity cognizance; Finally out of the legal consequences of joint crime relations to carry on the analysis, demand from people only with his own crime from complicity before bear legal consequences, and the out of the other common criminal behavior and the results are no longer bear the responsibility. In for punishment from joint crime Settings, aiming at different stages of implementing crime, incorporating the actor’s subjective and objective factors and the specific circumstances, to adopt different ways of punishment.