Study On The Departure From The Complicity

The concept of accomplice departure is first proposed by Japan Otsuka, Penalists of Ren, which is designed to address the resposibility of the complices can not be treated as discontinuance of crime in a joint crime who stopped crime or prevented other complices to continue the crime but failed to prevent the occurrence of the results. Although phenomenon of accomplice departure also exists in our judicial practice, our criminal law does not make special provisions, and we are lacking of uniform standards in handling such situations in practice. This article studies the problem bases on the theory of criminal law, draws on the foreign criminal law theory on the complice, combines with the specific cases and introduces the theory to our criminal law theory.In addition to the introduction and conclusion, this article is divided into five parts:The first part is an overview of the problem of accomplice departure. We know the existence of the problem and the necessity of the problem-solving by the specific cases of complice departrue, and then put forward the concept of from the analysis the relationship and difference between complice departure and complice discontinuance. On the basis of exposition of several representative views, I suspend my personal views on the the relationship between them.The second part introduces the punishment theory of accomplice, according to the source which is divided into accomplice responsibility theory, illegal accomplice theory and causal accomplice theory, then I exposes my personal views.The third part is identifing the baseline of complicity departure, I firstly discuss the several representative doctrines on the punishment of accomplice departure, based on the analysis, I put forward my personal point and then focus on analysing the cause and effect cutting theory. I analyse the baseline and finally give my baseline.The fourth part is talking about specific types and personal assessment of accomplice departure. I focus on the analysis of direct departure of accomplice, discuss the departure situations of abettor and accessory.The fifth part is about the appliance of accomplice theory in criminal law in our country, I firstly comments on the modes of foreign punishment legislation of accomplice departure, and then combines with China’s actual situation, I give my resolving advices.