Study Of The Basic Problems Of The One-sided Accomplice

The unilaterally common crime is a technical term within the Criminal law of Continental law system, being called "the latent common offender" Criminal law of Anglo-American law system. Currently, the unilaterally common crime is still an important imperfection within accomplice theories research, and is the problem that is desiderated to resolve. The author will cover above these aspects in this dissertation for a deep-going study and all-round discussion , such as whether unilateral accomplice establishing or not, what its conditions, what its scope and its punishment. To accept the theory of it will improve the academic research level as well as making and using it in practice through the discussion of the unilaterally common crime's conditions, scope and criminal punishment.Besides the introduction and the conclusion, the dissertation (approximately thirty thousand words) consists of five articles.The first article is a concerning all say of the unilateral accomplice theories. To study an usual dispute a lot of theories problems should first as to its basic circumstance, also be the concept contain initial understanding; To want to be real to go deep in to know a theories, first should the origin produce from the theories talk. So the first part section 1 is mainly theories origin that introduces the unilateral accomplice, from together commit crime the two greatest sills theories" the crime said together" and" the behavior said together" talked, passing the theories foundation to the simple analysis of two kinds of theories, search its theoretical foundation and analyze its realistic one from the objective reality. Secondly, this article mainly introduced the basic position of the Criminal law of Continental law system and the Criminal law of Anglo-American law system to unilateral accomplice theories and each from of processing method from the horizontal angle. A kind of rise of theories and development should have its concept because the concept is an essential element of theories, so introduced concerning basic circumstance that the unilateral accomplice concept definition more and detailed in the second section. In the all, the conception of the unilateral accomplice is that the actor has the criminal intent and do assist a third person on doing the criminal behavior, but the third person does not know that he has done the assistance, so the third person does not have the intention.The second part is the criminal constitutive elements of the unilateral accomplice. The criminal constitutive elements of one-sided accomplice is based on the criminal constitutive elements of accomplice, it still has the special constitutive elements while it matches the constitutive elements of accomplice. The subjective part of one-sided accomplice emphasizes one-sided, which requests both sides of knowing factor and will factor of the unilateral accomplice. Its criminal intent not only points to the crime object, but also points to the criminal offence of the other participants; on the other square, it only requests him to have the understanding of his own behavior property and results and hold the hope or permissive attitude, namely unilateral accomplice person with the other common square have no the agreement in the crime movable process, this opens the strict differentiation of overall accomplice. At objective up, one-sided accomplice requests one square of one-sided accomplice have the common criminal offence with the other square that has no knowledge, this kind of common criminal offence is embodied from participation and join force of the square of one-sided accomplice. From the causality, the results of harming society is resulted both from the behavior of the unilateral accomplice person and the offence doer. Besides, this part is also focus on the time of the one-side accomplice joining the crime; it is just a possibility that the relationship of the unilateral accomplice's behavior and the third person's.The third section is to establish the assurance of the scope with the unilateral accomplice that unilateral accomplice theories exist together. Include to incite to make, help to make, practice to make, for these basic accomplice types whether can establish unilateral accomplice is discuss the unilateral accomplice problem in must take into the discussion of aspect, this is also a concerning the part that the unilateral accomplice disputes the problem research in the essential to have. When the abettors and accessory offenders emerge it is possible that the unilateral accomplice exist. That is unilateral abettors and unilateral accessory offenders have the possibility of existing under this condition. In this section, accomplice and narrow sensed accomplice were specified separately. The author keeps a negative view on the question if the narrow sensed accomplice exists. From the theoretical angle, the principal criminal and narrow sensed accomplice are different, the first one does not have accessory; from the practical one, if the unilateral accomplice was considered as principal criminal, the laws will face the problem of performing unfairly. The author agrees the unilateral abettors should be established. Unilateral abettor carries on abetment secretly and is not easily realized, if we separate it with the behavior of the square that is abetted, it will cause the self-indulgent criminal result. And investigated from the constitutive elements of one-sided accomplice, unilateral abettor should also be in existence, it should be handled as a kind of behavior type of one-sided accomplice. The unilateral helper is the typical model type of one-sided accomplice, because according to the abettors and accomplice, the accessory offenders have more connection with the principal criminals. There is a lot of this kind of circumstance in practice, scholars who admit one-sided accomplice all admit unilateral helper, there is no too strong controversy for this. In this thesis the unilateral accessory offenders were analyzed in these parts such as representing form, action way and the differences between the unilateral accessory offenders and the other kinds of criminals. Above all indirect principle criminal theory could not solve the problems of unilateral accomplice. The theory of unilateral accomplice is necessary. Finally, the author agrees that there is no unilateral organizing offender.In the forth section, the penalty was discussed related with the penalty theory now on the basis of the above discussion. Two questions were emphasized: first the academic precondition of the penalty on unilateral accomplice, second the details of the penalty. The punishment should base on the overall evaluation of the one-side accomplice, and in accordance with the principle of the unanimous obligation of partial action and the individual obligation. The party who doesn't know the inside story should be punished as committed criminal alone, and the other one who knows the inside story should be punished according to his effect on the criminal behaviors and result, to make the crime, the obligation and the punishment compliant.The lawmaking of one-sided accomplice existed in the history of our country, at the same time in the penal code of the current Taiwanese penal code and some oversea nations such as German, France, Italy and so on, there also have the provision of one-sided accomplice. At last, this dissertation puts forward legislative recommendation concerning unilateral accomplice.All in all, the unilateral accomplice was discussed particularly in general angles.