Seceding From The Relationship Of Joint Crime

The concept of the departure from the relationship of complicity is firstly put forward by professor, a Japanese criminal jurist and has been studied by many domestic and international scholars. For China’s theory circle, the study of this concept is at preliminary stage. However, there are some cases concerned happen during the judicatory practice. The thesis will study this issue through the introduction of the basic theory home and broad of the departure from the relationship of complicity as well as of the current situation of our judicature.The paper will introduce the theory of the departure from the relationship of complicity in four parts.The first part is the summary of the departure from the relationship of complicity. By the introduction of domestic and foreign studies, the writer will firstly talk about the basic problem of this concept, then compare the two concepts of the the departure from the relationship of complicity and the discontinuation of joint crime and finally define the concept the departure from the relationship of complicity.The second part is about the criteria for the establishment the departure from the relationship of complicity. Through the comparison of domestic and overseas theories, the thesis will discuss its establishment requirement in the following four aspects:the score of time and space of departure, its mode of execution, the degree to eliminate the existed relationship of joint crime, and the recognition of other accomplices.The third part is about the definition of the specific departure from the relationship of the complicity. In line with China’s classification of joint crime, the author will analyze and elaborate in the four aspects:conducting offenders, organizing offenders, abettors and accessory.The fourth part is to discuss the necessity and development space of the establishment of the concept of the departure from the relationship of complicity in China. According to the discussion of the former three parts, the paper expounds the development of the theory in China, as we can see the necessity of introducing the system of the departure from the relationship of complicity.