On The Identification And Punishment Of The Accomplices In China

Common system of crime is an important part of China criminal justice system,which is rich incontent and theoretical basis.Co-perpetrators are implementers of common crime in each country.Study ofcommon crime is expanded based on the classification of Co-perpetrators. China is affected by thetraditional legal culture and civil law countries accomplice theory. To the role taxonomy-based division ofthe classification method, Co-perpetrators are divided into a principal, accomplice, coerced offender andinstigator. Due to the particularity of Co-perpetrators classification, China Co-perpetrators have its ownunique characteristics. However, it is the reason that caused the theory of community co-perpetrators ofcontroversy. Due to the lack of theoretical support in judicial practice, the identification and punishment onco-perpetrators likely to cause misunderstanding.The accomplice is independent co-perpetrator in ourcommon crime, which occupies an important position in our common criminal system The correctidentification of an accomplice is not only the basis for the conviction and sentencing of an accompliceaccurate, but also a great help for the identification and punishment of the culprit, coerced offender. Forsome obvious complex culprit, coerced offender characteristics common criminal cases, with the help ofaccomplices identified to determine the status and role of each co-perpetrator in the crime, they impose areasonable penalty, which plays an important role in modern society advocating individualization ofcriminal law and sentencing standardized.Combination of judicial practice, precisely because of this reason the author in this paper to anaccomplice in the Criminal Law as the starting point, based on theories of common crime, focus from theconcept of China’s accomplice, the establishment of conditions identified several aspects of the penaltiesdiscussed the content of China’s accomplices, and hope to contribute to the development of modest Chinaaccomplice theory. The paper is divided into five parts: First part, Introduction focuses on the status of thestudy on accomplice theory and the theoretical and practical significance of the accomplice study. Thesecond part, an overview of an accomplice. This section from the accomplice’s legislative history, concepts,classifications on an accomplice general introduction, the essential characteristic of trying to capture theoverall accomplice theory, put forward China’s accomplice Second, we must live to a supporting role in the crime. The third part, the conditions established by the accomplice, discusses the establishment of thenecessary conditions of China’s accomplice from the subjective and objective, in particular, discusses theestablishment of the accomplices set up a separate crime compared to a particularly significant distinctionbetween the establishment of an accomplice, whether subjectively or objectively requirementsduality. Thesetting up of an accomplice must as a precondition to the establishment of the principal offender, there is nopresence of the principal offender, there is no accomplice space. However, it does not affect theestablishment of of the main culprits without an accomplice. The fourth part, the identification of anaccomplice. This section from the current criminal law as a starting point, focusing demonstrated that theessential difference between the principal offender and an accomplice is their role in the crime. Thedifference between an accessory and accomplice not only less than an accomplice coerced offender in thecrime under normal circumstances, and coerced offender most obvious feature is coerced into joining thecrime. Specific analysis of common Perpetrator whether the difference between the main accomplice, themain ability to distinguish between the total of prisoners for committing various offenses, from the issue ofhow to distinguish the main lookout behavior behavior implementation, an accomplice, such as severalspecial issuesdemonstration, analysis. This section clarifies the process and the special features of China’saccomplice and interprets some misunderstanding in judicial practice. The fifth part, the punishment of anaccomplice. This section from the current criminal law the relevant provisions of an accessory punishment,described the scope of my accomplice’s criminal liability, the existing criminal law to cancel the causes andsignificance of the comparison with a principal accomplice punishment, and for accomplices sentencingleniency with the choice of the magnitude of severalaspect of the content. The existing criminal lawcanceled the comparison with a principal in the punishment of an accomplice, which has a certain degree ofpractical significance, highlighted the accomplice’s status as an independent co-perpetrator. But also itcaused some confusion in the judicial practice, it should be the penalty for an accomplice of a separatecrime should be sentenced as an accessory punishment cf object. In this way, it can be done to adapt tocrime. Part VI, Conclusion. This section on the basis of the several parts of the argument, puts forwardspecific legislative proposals.