The Research On Crime Discontinuance Of Accomplice

Joint crime is a difficult problem in the theory of criminal law, the crimediscontinuance of accomplice problem is more difficult. The condition for theestablishment of crime discontinuance of accomplice is different from theseparate criminal. It is generally considered that the conditions forestablishment of separate criminal include the will of discontinuance insubjective, the behavior of discontinuance in objective and none accomplishedcrime. The standard in judicial practice about crime discontinuance ofaccomplice is that joint crime accomplished，also called “part accomplished,all accomplished”. It should have the discontinued behavior, effectivelyprevent other accomplice from continuing crime, besides, it shouldn’t be anaccomplished crime. This cognizance way aims at joint crime’s severity, it hasdeterrent effect for joint crime. In theory, this seems to be taken for granted.However, this way ignores the accomplice’s particularity， it against theprinciple of compatibility of crime, responsibility and penalty, and thepossible about establishment of crime discontinuance of accomplice may beminimal in judicial practice, especially, it is more difficult to affirm crimediscontinuance of partial accomplice, which make crime discontinuance ofaccomplice nominal. This paper argues that the condition for theestablishment of crime discontinuance of accomplice should be reconsidered,but not to be too harsh. According to some national legal provisions on crimediscontinuance of accomplice, most of them have tolerant attitude to crimediscontinuance of accomplice, the probability of establishment of crimediscontinuance of accomplice is larger. In theory, the aim of crimediscontinuance’s system and the theory of withdraw from the complicity isthat encourage criminal “put down the butcher’s knife”. Every accompliceestablishes crime discontinuance’s key lies in criminal stops crimeautomatically, disintegrates joint crime objectively, eliminates the influence on the result of crime essentially. Therefore, the condition for theestablishment of crime discontinuance of accomplice shall be extendedappropriately. In addition, we should admit crime discontinuance of partialaccomplice. There may not be a causal relationship between discontinuedbehavior and none accomplished crime. And accomplished crime resultsappeared in a joint crime may also exist crime discontinuance of partialaccomplice. This article is divided into four chapters.The first chapter, the prevue of crime discontinuance of accomplice. Thispart define the crime discontinuance of accomplice’s concept, and from thegeneralized concepts to discuss crime discontinuance of accomplice, itincludes perpetrator’s discontinuance, organized offender’s discontinuance,instigator’s discontinuance and accessory offender’s discontinuance. This partalso discuss the crime discontinuance of accomplice’s domestic and foreigncriminal legislation and characteristics. Then points out that crimediscontinuance of accomplice, is made up of these two kinds of criminalpatterns by joint crime and crime discontinuance.The second chapter, comment on crime discontinuance of accomplice’stheory and practice. This part analyzes the problem of crime discontinuance ofaccomplice from theories and judicial practice. There are mainly three typesof theory in continental law system, they are objectivist doctrine, subjectivismdoctrine and compromise doctrine. The theory viewpoints in China are alsodebated. In the judicial practical, the countries that the separate criminal’slegal provision is directly applicable to crime discontinuance of accomplice.And it cannot appear accomplished crime from their judicial case. The judicialpractice in China is generally require that should not appear the accomplishedcrime, it led to crime discontinuance of accomplice seldom esixt.The third chapter, the rationality of crime discontinuance of partialaccomplice. This part expounds the theory of withdraw from the complicity,and gains some enlightenments. Crime discontinuance of partial accomplice isconform to the purpose of instituting crime discontinuance system, it is alsoconform to the principle of "partly responsibility for partly activities", and is conducive to encourage accomplice to end his crime.The fourth chapter, the comprehension and application on the condition forthe establishment of crime discontinuance of accomplice. This part analyzesthe general condition for the establishment of crime discontinuance ofaccomplice, it includes space-time, free-will, thoroughness and validity. Thendiscuss the various types of accomplice’s crime discontinuance.Further discourse, our country’s criminal law hasn’t crime discontinuanceof accomplice’s provisions, the theoretical insights are chaotic, the practice isshort of the basis of legal and theoretical. And this article suggests to improvethe legislation about crime discontinuance of accomplice.This article argues that while discussing the problem about crimediscontinuance of accomplice, we should not only consider the integrity ofjoint crime, but also cannot ignore the accomplice has own independent as anindependent individual, and should give full consideration to the crimediscontinuance’s system and the theory of withdraw from the complicity,expand crime discontinuance’s system proper, and admit the existence ofcrime discontinuance of partial accomplice. While explaining and applyingthe crime discontinuance of accomplice’s theory, as far as possible to closethe defects about the condition for the establishment of crime discontinuanceof accomplice with “part accomplished, all accomplished” and “somebehavior, all responsibility”. To some extent, this article combs the relevanttheory and practice of the problem about crime discontinuance of accomplice,and presents the thinking direction of crime discontinuance of accomplice. Ihope that these ideas can help solving the problem of crime discontinuance ofaccomplice.