Discussion On One-side Accomplice Behaviour

The one-side accomplice behaviour is an objective social phenomenon, Scholars have debated whether one-side accomplice is a kind of accomplice. Currently, The Criminal Law of PRC does not expressly stipulate such behavior. Though the conduct of one-side accomplice is just a theoretical discussion, theoretical studies will help to promote law regulation, making the penalty paid for such an act justly and legally. The ideas of the article is as following in order:the definition of the behaviour, the incriminating of the behaviour, the theoretical characteristics of the behaviour, and the legal features of the behaviour. Based on this article ideas, the article is mainly divided into five parts:Part I:The definition of one-side accomplice. This part is a foundation, it defines one-side accomplice objectively.Part II:The incriminating of one-side accomplice. Before being expressly provided by the criminal law, one-side accomplice behavior is only an objective existence. While most scholars agree that one-side accomplice behavior is a crime, few of them discuss on its incriminating rationality. This section will focus on demonstrating that one-side accomplice behavior incrimination is reasonable and necessary, one-side accomplice behavior should be incriminated by China’s criminal law.Part III and Part IV discuss on the theoretical characteristics of one-side accomplice. Figuring out theoretical characteristics is key to incriminate a behavior, therefore, these two parts are the most important composition of this article. Part III explains that one-side accomplice is not accomplice, based on theories of the criminal objectivism, the current provisions of the Criminal Law and the traditional common crime theory, leading to the part IV, one-side accomplice behaviour:a separate criminal behaviour. Part IV:one-side accomplice behavior:a separate criminal behaviour. This part proposes the point of the article. It includes two sections. Section1discusses on the most influential doctrine qualitative of the one-side accomplice, namely "Indirect Perpetrator Theory". In fact, one-side accomplice behavior can not meet two main inherent requirements of indirect perpetrator,"indirect act " and "direct criminal liability". So,"Indirect Perpetrator Theory" as well as "Expanded Indirect Perpetrator Theory" can not solve the problem of one-side accomplice; Section2in favor of a separate crime theory. The theory can avoid complex situations of the common crime, and be able to simplify much problems of one-side accomplice, such as basic types, patterns of crime, criminal liability and so on. However, the most fatal flaw of existing doctrine of separate criminal behaviour, is that the theory can not explain how the objective aspect of one-side accomplice equals to that of traditional four constitutive elements. Therefore, the article tries to quote theories on equivalence to make up a separate crime theory. It is a innovation of the whole article.Part V:The legal features of one-side accomplice. This part discusses on four constitutive elements of one-side accomplice, and then, distinguishes one-side accomplice from simultaneous crime and successive accomplice.