On One-sided Accomplice

As a kind of one-sided accomplice in the objective existence of the crimepattern, it has relative concealment and very serious social harmfulness. Butwhether one-sided accomplice attributable to the joint crime category, in criminallaw scholars have more controversy. Because of standing on different analysis, theopinion of scholars is different, where existing affirming theory and denial. Inaffirming theory, the cognizance of the one-sided accomplice range isn’t uniform.Through the philosophy, the theory of criminal law, this article thinks of one-sidedaccomplice belonging to the joint crime areas. The scope of the one-sidedaccomplice includes one-sided organizing criminal, one-sided instigator andone-sided helping criminal. Based on this, the author proposed own view oncriminal liability, so as to bring about positive impact to the theory research ofone-sided accomplice and judicial practice.This thesis is divided into four parts:The first part of the paper analyses criminal law theory about the nature of theone-sided accomplice disputes. Through to the denial theory review, the authorthinks that one-sided accomplice is a kind of special form of joint crime.The second part of this was one-sided accomplice the basis. Fromphilosophical basis, based on the theory of criminal law and other aspects, thispaper established the theoretical foundation of the one-sided accomplice, and fromthe outside of the criminal law, think that one-sided accomplice accords with thehistorical trend.The third part to determine the scope of the existence of one-sided accomplice,including one-sided organizing, one-sided instigator and one-sided helpingcommitted and one view theory.The fourth part summarizes provisions in our criminal law and the relevantjudicial interpretations of the provisions of the one-sided accomplice implied that one-sided accomplice as a special form of joint crime specified in the criminal lawarticle, and on the basis of suitable punishment principle blame determine thepunished.