On The Relationship Between Accomplices From

The accomplice relates the concept which is separated from is by theJapanese scholars first proposed, German and our country Aomen areaand so on the criminal law has the similar stipulation. In theircriminal law had all stipulated relates the being separated from tothe accomplice criminal activity punishment, solved although for hasstopped in the common crime Chinese Communist Party criminals makingdiligently, but still did not have anti- to stop other accomplicepeople's criminalities or the crime result occurrence accomplice'slegal responsibility question. Our country criminal law has not related to the accomplice isseparated from makes the explicit stipulation, in the judicialpractice stops it as the crime deliberating the plot to consider. Hasnot formed it special theory. Therefore, this article bases on ourcountry criminal law theory, relates the accomplice is separated fromthe achievement one kind of special crime type, and brings into linewith this crime type the common crime ontology in the system,discusses the angle from the accomplice to solve the being separatedfrom legal responsibility problem, research by rich criminal lawtheory.The full text altogether divides the introduction, the main text andthe conclusion three major parts。The introduction mainly introduced the accomplice relates the legalnature which is separated from, and embarks from our country criminallaw theory pointed out tudies its necessity.Main text partially including following four parts:The first part is the outline which the accomplice relates isseparated from. In the foundation which mainly is in which relates tothe domestic and foreign accomplice is separated from the conceptperforms to introduce, adopts "the accomplice to relate Xie Xiao tosay", determined its should have connotation. From inquired into theaccomplice relates the legal nature which is separated from to embark,pointed out it with stops violating the theory to be in the differenttheory stratification plane, the two and the not direct inevitablerelation, the accomplice relates is separated from has become in theaccomplice ontology the important content. Finally further elaboratedthe accomplice to be separated from the theory the criminal lawsignificance.The second part mainly is the judgement standard which relates to theaccomplice is separated from conducts the research. This part is thisarticle center of gravity, also is the difficulty which the accomplicerelates is separated from. First introduced the overseas accomplicerelates the judgement standard which is separated from, in detailintroduced Japan about judges several representative theory which theaccomplice relates is separated from: The common meaning is short ofsaid, the barrier attempted with said, the causal relation shuts offsaid, the accomplice relates Xie Xiao to say.Passes through to the above theory analysis, the author approves of the accomplice to relate Xie Xiao to say". To the accomplice relatesXie Xiao to say for the foundation, from three aspects specificallyelaborated the accomplice relates judgement standard: First, beingseparated from in on is subjective does not request to have "free".Second, the accomplice relates being separated from in on is objectivemust have is separated from the behavior. Is separated from thebehavior to have to make other accomplices to understand that, isseparated from the behavior including negative to be separated fromthe behavior and positive is separated from the behavior two kinds.The role in the common crime which negative is separated from thebehavior and positive is separated from the behavior is according toviolates the criminal to locate together which the status and plays todivide. Third, the accomplice relates is separated from must occur in thecommon crime process, but cannot occur outside the common crime. Isfollowing closely is being separated from which the research concreteaccomplice relates. In this part, the paper first discusses altogetherseeks the common principal offender phenomenon being separated from,has not continued to use Japan in here "altogether to seek beingseparated from which the common principal offender relates", but isunifies our country the situation but is "pure altogether seeks thisstereotypia relational being separated from".According toparticipates in the degree as well as the status difference whichaltogether seeks, may be (is initiative) altogether theseeking discrimination with "following" (subordinate). Next discussed being separated from which the implementation commonprincipal offender related, this kind is separated from the comparisonto recognize with difficulty, but in the implementation behavior, thepartial accomplice person had on the way indicated to other accomplicepeople is separated from the meaning, other people also understandthis point, is separated from the person to adopt the positivebehavior to prevent other people, caused initially altogether to seekthe implementation the implementation behavior to realize withdifficulty, or because the objective factor caused the partialaccomplice person to be separated from, even if afterwards has causedthe crime result as a result of other people. Because this result isnot because initially altogether sought, therefore may say theaccomplice which the behavior caused related is relieved. Discussed being separated from once more which the abettor relates,begins front to be separated from the important document after tobegin basic to be same. Is only in front of beginning must adopt themethod to cause the principal offender to give up the criminal intent,after but begins must adopt the method to stop principal offender'simplementation behavior. Being separated from which finally discussedthe help to violate relational being separated from, in which dividedinto the help accomplice which physics relates being separated fromwhich relates with psychological help accomplice. Must establish thehelp to violate relational being separated from, at least must one andthe elimination because this kind of physical property help or thepsychology help forms crime danger.The third part is the legal consequence which the accomplice relatesis separated from. First discussed being separated from not toundertake after that the responsibility basis, emphatically analyzedbeing separated from to undertake the responsibility scope afterwards.This article before thought is separated from the behavior, does notconstitute the crime, the preparation violates, attempted, stops andso on having the possibility. How specifically has to be supposed torecognize before, the crime stage which this need union beingseparated from in is separated from the accomplice relates locates toconsider, namely must explicit being separated from be is separatedfrom the accomplice in the crime preparation stage to relate, or isseparated from the accomplice in the crime implementation stage torelate. First, is separated from the accomplice in the crimepreparation stage to relate. Being separated from has disappeared if other people's accomplicerelations in the crime preparation stage on the solution, it degree ofhazard which or creates to the law profit violation very low, beingseparated from must regard as "the plot remarkably in the usualsituation slight, harms is not big", should not process according tothe crime. But regarding has already offended the criminal law minutethen the center crime preparation behavior should give the suitablepunishment. Second, is separated from the accomplice in the crimeimplementation stage to relate. In limits being separated from whenimplementation stage legal responsibility wants the concrete questionconcrete analysis, if being separated from has free, then mayestablish stops , otherwise establishes attempted .The fourth part is the legislation suggestion which the accomplicerelates is separated from. First introduced the accomplice relates thevertical legal regulation which is separated from, respectively setsup the legal regulation characteristic in the analysis appraisal inthe foundation, this article related to our country criminal law inabout the accomplice is separated from proposed the legislation statedopinion, pointed out related the accomplice being separated from byalways, divides then manifested in our country punishmentstatute book.The conclusion are partial mainly was to the paper research resultssummary, and had pointed out the place which the accomplice relatedwhich was separated from itself also has the question as well as thepaper still must consummate, the author was determined take this asthe beginning, continued own research.