Study On The Suspension Of Accessory Offenders

Accessory Offenders on the study of Accessory Offenders’ Suspension should be understood as criminals, Because the practical significance of the study lies in the reasonable penalty on criminals. Defining as criminals can not only observe the specific accessory behavior but also grasp the body of subjective vicious extent,physical risk and so on. Based on the analysis of the subjective and objective factors, the concept of Accessory Offenders can be defined like this using the method of element defines. Before others or at the time, the person who implements the behavior subjective intentionally beyond the required actions in order to make the crime easier. Research on criminal responsibility of Accessory Offenders is equal to analysing its punishment. On the basis of Accessory Offenders’ punishments, the Pure Provoked and the Corrected Provoked both have defects. However, the Compromise Provoked made up for the inadequacy of the two and created the foundation of the study on Accessory Offenders’ Suspension.As to the concept of Accessory Offenders’ suspension, Different opinions always exist on these facts throughout the domestic and foreign countries or regions,such as the time stage of Suspension,whether the crime can be achieved with the established cases, the reason for the accomplished results not happening is not caused by the prevention behavior. When we research on Accessory Offenders, it is wrong that we only hold subjectivism position or objectivism position. We should give first priority to objectivism position,and give second priority to subjectivism position meanwhile.The establishment of Accessory Offenders’ Suspension included the subjective conditions and objective conditions, among what, the subjective conditions including requirements and thoroughness of arbitrariness,the objective elements including timeless factor and efficiency factor. On the specific determination of Accessory Offenders’ Suspension, we need to analyse the isolation from accessory relation specifically relying on the isolation of Joint Crime, mainly including the isolation of relation before committing crimes and after accomplicing the crime. We determinate the concrete types of Accessory Offenders to analyse the conditions of Suspension through refining Accessory Offenders as Spiritual Help Offenders,Omission Offenders and Inherited Help Offenders.The Suspension of Accessory Offenders has great relations with Accessory Offenders’ “huang jin-qiao”,therefore it is necessary to modify the Suspension of Accessory Offenders in our country. On improving the Suspension theory, we can determine the isolation of Joint Crime relation by introducing japan’s criminal theory. At the mean time, we can improve the criminal law system about the Suspension of Accessory Offenders by establishing the additional legislation on general and special circumstances of Accessory Offender’s Suspension.