The Research On One-sided Accomplice

Because of its own int crime the complexity of punishment law is always in the field of heavy difficulty, and in a joint crime category and the related to another problem:one-sided accomplice. The concept of the one-sided accomplice originated in civil law countries, the theory is in judicial practice, gradually developed in the process, since it emerged, he’s been there is bigger debate and disagreement, the focus of the dispute is that to the nature of the one-sided accomplice defined as one-sided accomplice is a joint crime. This our country criminal law theory also failed to reach a unity of thinking, in unity and further causes the difference between judicial practice. Therefore, the theory of one-sided accomplice carefully thorough research is completely necessary, this is not just a theoretical interpretation, legislation of evaluation, is in the judicial practice of one-sided accomplice correctly handle, give full play to the criminal law of protection function need.This paper from four parts of one-sided accomplice to and analyses:The first part:overview of one-sided accomplice. First the concept of one-sided accomplice were introduced, want to have a right of one-sided accomplice in the hold, will be first to understand the concept of the one-sided accomplice, based on this, to understand in the form of one-sided accomplice is the basic characteristics, thus will it and other forms of crime from the rest. Then the one-sided accomplice is a joint crime dispute is introduced in detail, and points out that the KenDingLun FouDingLun both differences lies in its theoretical basis is different, sure like mining is based on the theory of crime common said, and negative like the theoretical basis of mining is the common behavior said, and to our country about the nature of the one-sided accomplice dispute in detail.The second part:the definition of the one-sided accomplice in nature. In part1, have talked about the nature of the one-sided accomplice in China is also exist KenDingLun and define the FouDingLun two ideas, and however, eyeball over, so it is necessary to the nature of the one-sided accomplice to precisely define, only in this way can only a crime for the correct and appropriate sentencing conviction, the criminal law of the function and the purpose can be achieved. The author thinks that, for one-sided accomplice, they shall be in accordance with the joint crime processing, are so regulation, because no matter in essence, or from the purpose of legislation, penalty goal to see, one-sided accomplice and joint crime have consistency. But should pay attention to, in essence, for one-sided accomplice shall, according to the joint crime shall be punished; But the form, both has difference, not because of the same nature two things entirely equivalent, neglecting both the difference of the form. Form and essence, actually are two different questions, both cannot be an alternative, confuse STH with STH else.The third part:the type of one-sided accomplice. The basic type of the one-sided accomplice, or we can say the scope of the existence of one-sided accomplice, is sure like to consider, because negative for scholars one-sided accomplice is a negative attitude, thought it already does not constitute a joint crime, also cannot according to a joint crime, nature also can’t existence of one-sided accomplice in the existence range of problems. But the KenDingLun scholar, for the establishment of the one-sided accomplice range, opinion is not consistent, the existence of the big controversy. The author thinks that, the establishment of the one-sided accomplice include one-sided help make one-sided implementation, and make one-sided instigator. And one-sided organizing criminal in real life is not exist.The forth part:the way of the punishment of the one-sided accomplice. For one-sided accomplice, although its in form and joint crime is different, but in essence but is consistent with a joint crime, they shall be punished in accordance with the joint crime. But for how the one-sided accomplice punishment, what way at present is still controversial penalty, the lawmakers one-sided accomplice haven’t made clear law, unified theory guidance also has not been formed, for conviction of one-sided accomplice work also have an effect. Therefore the author causality theory as guidance for different types of prisoners of the punishment of the one-sided way are analyzed and demonstrated, to ensure that do blame of suitable punishment.