One-sided Accomplice In The Form Of Research,

The existence of one-side accomplice is an issue heatedly discussed in theory field of Criminal Law. Different scholars hold different opinions due to their own position. My conclusion, synthetically researching and analyzing from the legislation and judicature, is that there is no existing space of one-side accomplice among one-side perpetrator, one-side organizing offender and one-side abettor, but only one-side accessory. Firstly, one-side perpetrator can't be treated as one-side accomplice. In order to form joint crime, joint intention is necessary. Evidently, the legislation of Chinese Criminal Law has excluded the possibility of one-side perpetrator being joint crime. Also, the denial of one-side perpetrator in judicatory doesn't influence the realizing of its criminal responsibility in practice. Secondly, one-side organizing offender can't be treated as one-side accomplice. The character of organization determines that one-side meeting of mind is impossible to exist between the organizing offender and perpetrator. In the criminal group, the relationship of organizing offender and perpetrator is leading and being leaded. So their communication is bidirectional, not unilateral. Thirdly, one-side abettor can be treated as one-side accomplice theoretically, but it is needless to be admitted in practice. Our law doesn't exclude the one-side abettor from being joint crime in absence of bidirectional communication of intention. The essence of abettor is its behavior which makes no difference that whether there is communication of mind or the communication is bidirectional or unilateral. There is no existence of one-side abettor in practice and it can be punished directly as abettor prescribed in law. Lastly, one-side accessory can and should be treated as one-side accomplice. Bidirectional communication of criminal intention isn't the indispensable part of one-side accomplice. Chinese Criminal Law doesn't eliminate one-side accessory from being joint crime. In a word, the greatest contribution that one-side accomplice theory makes to the legislation and judicature of Chinese Criminal Law is its providing of law base to solve the criminal responsibility of one-side accessory.