On Breaking Away From Accomplice

Joint offense is a complex crime. The complicit relationship break away from joint crime is a universal phenomenon in our country's judicial practice. But when this condition appears, The punlishment is decided accoding to the accomplishment crime and leads to the punishment result becomes optinal in the judicial practice due to there is no detailed penal provisions in our country's criminal law. It will be filled with realistic significance and practical value. This paper intend to bring the related theories of joint crime relationship into the research category of our country's criminal law theory and supply some theory support to the judicial practice through the case study of the rape case happened between Tang and Hu based on the previous theory and the research results in the judicial practice department's practice experience, while this paper use some ways, such as semantic analysis, comparative analysis, to make some comparision and discussion for the similar and difference between the concept of the joint crime and suspend crime. Except the introduction, this whole paper was divided into four parts.The first part, the basic information of the case. Introducing the basic facts of the case. Hu stopped himself in the process of the crime and tried him best to stop the happed of the crime result., But the bad result still happeded.The second part, The arguments and different opinion aimed to the case. The arguments mainly focus on how to affirm the crime pattern of the criminal who stopped himself and do something to stop the crime result happen, but the crime result still happened.The third part, Making a legal analysis for the dispute and the three kinds of the difference opinion of this case. Through the legal analysis of the judge to Hu who is judged as a accomplishment crime, the author think that although the crime result still happened, the judge to some accomplice who stopped the criminal behavior and try their best to stop the happen of the criminal result in the process of the crime in the joint offense as the joint crime is not reasonable according to the view of"One accomplishment, all accomplishment". Facing this situation, the author make a analysis and get the related conclusion by adopting the theory of the complicit relationship break away from joint crime.The fourth part, the research conclusion. Through the above analysis, in the rape case , Tang, ran and Tian is judged accomplishment crime, but for Hu, as there is no detailed related law rules for the complicit relationship, get a lesser punishment.. But the author think that is judged as a accomplishment is not reasonable and is not in conformity with the principle of the adapt to the legally. It's too severe. The author hope the system of the complicit relationship break away from the joint crime can be bring into our country and perfect the criminal legislation in our country.