Study On The Withdraw From The Relationship Of Accomplice

In the common crime, there may be a" suspension can’t ", is to try to stop the crime, but failedto prevent the occurrence of criminal results. In such a case, in the judicial practice is notuncommon, but justice for this treatment is free" discretionary", one reason is that there is notheoretical research, the legislation also do not have the relevant provisions. How to" stopcannot" behavior to provide a astray gold bridge, has become urgent to solve the problem oflegislation, justice. This article is based on the reality of the situation, the introduction ofJapan in the theory of criminal law complicity from concept, and strive to carry on theresearch on localization, thought that our country judicial practice to provide settlement trainof thought.On the whole, the paper can be divided into three parts:The first part introduces the research status and theoretical basis of foreign. Because ourcountry is country of mainland law faculty, so here only in continental law system countriesand regions of the related research situation are introduced, emphatically introduces theresearch status of Japan, because in the field of Japanese criminal law scholars ’s research isthe most profound; the accomplice from the concept, and discontinuation of crimecomparison analysis; at the same time mining accomplice detachment theoretical basis,research of this theory in the criminal law system in the value space. This part of the outlinebelow to provide theoretical basis for the.The second part of the complicity from the set of elements of. From the establishment of thegeneral requirements, this paper advocates the establishment of elements is composed of threeparts: one is the definition of stages, namely in the crime when it can be established on thedeparture; second is the behavior element, which requires the behavior person’s objectiveperformance is how; third is the subjective elements, namely the detachment intended fromthe relationship of joint crimes need to have what will factor. From the establishment ofaccomplice from the specific crime, this article will be divided into a crime in preparation ofdetachment and crime in the implementation phase detachment, on the different stages of thedetachment to undertake concrete analysis.The third part of the complicity from legal effect discussion. This article from the punishmentscope and eat the principle two aspects to carry on the discussion. Punishment scope by adetachment from the point of time for the boundaries, and form different blame foundation; the punishment principle this paper advocates will decrease system.In recent years our country mainland scholars have addressed the theory, but the research onthe whole is still in the primary stage, this paper tries to put forward their views, in order toprovide solutions to the train of thought of judicial practice.