From The Theory Of Accomplice To Apply

The relationship between the accomplices from started in Japan, this theory focuson basis of the punishment of the accomplice. In the common crime thing that oftenappear part due to fear of actor, repent, fear wait for a reason and midway exits in thecase of the crime, but the part of the person and has failed to effectively prevent thehappening of the result of the crime, therefore, that the problem of responsibility inthe often can’t find reasonable legal basis. Many scholars at home and abroad to theproblems on the different levels of studies, in which the Japanese criminal lawscholars Osaka benevolence professors think that if sections including the prisonerthrough their own behavior, from the original accomplice relationship, and the otherprisoners were after from continuing to implement the act and the result of not bearcriminal responsibility. In the judicial practice in China, there are also the the abovesituation, that is, the phenomenon of accomplice out. But in the current criminal lawtheory means to the one who discontinues a recognized standard, therefore, part ofpeople’s behavior in the cognizance of responsibility from the same in theembarrassing situation. This paper based on the theory of criminal law of our countryactual, in the foreign accomplice from theory reference, and on the basis of this theoryinto trying to China’s criminal law system, in order to suspend the shortage of reliefaccomplice provisions.Papers on the structure are divided into five most, totaling more than sixteenthousand words.The first part, cause of action.The second part, the case profile. Through the description of the case, leads inthe judicial practice, for such cases part of responsibility identification problem actor.As this article to the point. The third part, a central issue. Expounds on the court in the case processinginternal differences of opinion, to focus on the problem of the punishment of the basis"zhang", based on this problem.The fourth part, legal analysis. This part and divided into three small parts:Part one, the concept of accomplice out. First of all in our criminal law to theprovisions of article24of the reading and discussing, and then puts forward theconcept of accomplice from; Secondly, in the sure accomplice from the basis of thephenomenon, this paper discusses the theory of the existence of independent value;Again, termination and analysis from both between the distinction between the;Finally, through the summary of the above, it is concluded that the author from thedefinition of the concept of accomplice.Part two, the conditions of the established accomplice. This part of the firstthrough the analysis in the Japanese scholars under the theory point of view andclaims, and put forward a suitable for China’s criteria. Then based on the theory of ourcountry in the accomplice of classification, the author in combine its joint crime, therole of the divided again, and based on this, showing in a joint crime in our countrywere established in all kinds of prisoners from the conditions of the accomplice.Part three, the processing of relations off accomplice. This part of the firstsummarizes the problems in foreign countries handling, and then the authorconsidered in our criminal law with about ready, and the attempted to suspend theunfinished criminal punishment under the regulations, put forward the Suggestionsabout accomplice from the legislation.The fifth part, conclusion. Through the above analysis of legal theory, the authorputs forward Suggestions in the case of the sentencing.