On Inherit Accomplice "

A joint crime, namely the theory of "general said two or more persons jointly intentional crime", as a kind of different from that of common single natural crime is extremely complex crime phenomenon, its objective behavior from subjective form, with ordinary single natural crime has obvious distinguish. We usually speak from special up joint crime, namely common criminal defined Shared between different legislations of communication and conduct joint implementation. And in the judicial practice often appear this kind of circumstance, namely first is already embarked on a crime, but in crime have not yet implemented during the process of implementing the offender through, with first after a mean communication, to join to conduct with common practice among the intention of the common gal in the crime the happening of the result reactive. Theory inherits the this kind of situation called accomplice, or inherited accomplice. As a joint crime inherits accomplice is a kind of special form, its in subjective form and objective behavior and there are different from ordinary qualities of a joint crime. That this theory is put forward by domestic and foreign scholars, but for whether the favour of the existence, inherits accomplice admitted the existence of inherits accomplice inherits the blame of space and undertake the accomplice, domestic and international criminal law scholar is resolve. As China's scholars, the theoretical study inherits accomplice and the deficiency of the judicial practice of cognitive deficiency inherits accomplice, resulting in the judicial practice the cognizance of the aforesaid accomplice to have many difficulties.