Study On The Legislative Building Of The One-sided Accomplice In China

The theory of joint crime has been being the difficult point in the criminal lawtheory and thecriminal practice. The one-sided accomplice is of considerable importance as a sort ofspecial form of crime linked closely with joint crime. The one-sided accomplice as anobjective social phenomenon is nothing new in judicial practice, however, Because thisis without a perfect performance on the legislation, and currently, there is no a formeduniversal statement on one-sided accomplice among Chinese criminal law theorists whohave different opinions, and a serious quarrel. Thus, the one-sided accomplice has beenone of challenging topics in the criminal law.This paper analyses the structure of one-sided accomplice on the basis of anoverview of the general theory of one-sided accomplice and, through the one-sidedaccomplice extraterritorial legislation research and the combination with China’scriminal law theory, legislation and the actual situation in judicial practice, proposed thedomestic legislation of one-sided accomplice.Besides the introduction and conclusion, it is divided into five parts.The first part and the second part are written about the general theory and thestructure of the one-sided accomplice. Among them, the first part mainly discusses thegeneral theory of one-sided accomplice, which has the definition on the connotation andthe concept of the one-sided accomplice, in the meantime, tries to straighten out therelationship between the joint crime and the one-sided accomplice. The structure of theone-sided accomplice is discussed in the second part which largely discusses theconstituents and basic types of one sided accomplice, which could be a theoreticalfoundation for the below.The foreign legislation and practice of one-sided accomplice will be discussed inthe third and the fourth part. Among them, in the third part, it investigated the legislativesituation abroad on one-sided accomplice and the enlightenment to our legislation. Inthe fourth part, it discusses the necessity and feasibility about the legislation of the one-sided accomplice in our country.China’s legislation of one-sided accomplice is explored in the fifth part where itoffers suggestions on the legislation of one-sided accomplice from both aspects that thegeneral rules of the criminal law and the specific provisions...