Discussing The Common Crime Disconnect

The accomplice relationship once formed, people can withdraw from the complicity behavior, whether in foreign criminal law, or in the criminal law of China, very controversial. For the judicial practice in more complex problems, although some countries criminal law expressly provided, but still on the range of punishment and the conditions of establishment of debate not. At present, China’s criminal law of continental law in German and Japanese criminal experience, in the criminal law positive discussion of complicity renunciation theory system, this system and the introduction of foreign can not meet our country’s judicial practice, in order to better this system localization, so there will be based on the characteristics of the criminal law the concept, from, on China’s complicity theory from the height of the constitutive requirements and legal effects and sort out the necessary and reasonable definition. Because of the presence of large out of complicity in China’s judicial practice, for the problems how to deal with in our judicial level has not formed a unified approach, therefore, strengthen the research on complicity renunciation system in criminal law of China is currently facing a major issue, the full text is based on the Judicial Dilemma in the background, combined with the outstanding achievements of the advanced countries in the world, using the comparison method is divided into three parts to carry on the preliminary discussion on the construction of complicity renunciation system in china:The first part is the discussion on some basic problems of complicity renunciation theory system, mainly discusses the complicity renunciation system in foreign countries (Germany, Japan, Britain and the United States of America) the origin and evolution and the lack of this system in our criminal law, comparative analysis of the concept, put forward the concept of the criminal law of our country should learn from., and on the basis of further analysis of the similarities and differences between the withdraw from the complicity system and discontinuance system.The second part discusses in detail the establishment of complicity renunciation. Essentials of general mainly includes three aspects:in terms of time, from the accomplice relationship in the run-up to the crime and crime has established specific room; in behavior, based on the current results without the rise and development of value theory, the causal relationship between cutting said to have in the position of it in foreign criminal law; in the subjective aspect, must be based on the sincere efforts. In the discussion of elements on the concrete, divided into before and after the start to discuss the conditions of establishment of the respective. Generally speaking, the modern criminal law to protect the legal interest is the essential requirements; causal therefore based on the protection of legal interests cut said also requires detachment to breaking away from the accomplice relationship must eliminate the causality of their actions caused to the other accomplice to physical or mental. Foreign judicial precedents to belong to different types of complicity disengagement, express the essentials of establishment, different in general, accomplice in before beginning from the accomplice relationship must be from the meaning and was an accomplice in the understanding, after committing crimes, detachment must have not only from the meaning, is also required we must take the necessary measures to prevent crime.The third part discusses the legal problems from the accomplice relationship. The more common practice in the world to establish this punishment in legislation, legislation pattern mainly has legislative models, specific type general style of legislative mode and general, specific type. In the specific punishment standards on the existence of four specific models--quasi crime punishment standard for quasi discontinuation of crime attempted, with standard punishment, punishment standard to distinguish system and discretion standard. The particularity of our country’s criminal law based on, four specific punishment standards above are not accord with the practice of legislation in our country, so in order to eliminate the contradictions, to solve more appropriate in the theory of legislation, namely our country adopts the general, specific type of the legislation, in the general principle of from the accomplice relationship effect of the general provisions, in specific to certain specific punishment consequences.