Distinction Between Perpetrator And Accomplice

the theory of criminal law, the concept of accomplice generally has two meanings:one is as the category of common crime and the separate crime into corresponding concept, called the generalized accomplice, including arbitrary accomplice and the necessary accomplice; two is to implement the common behavior of crime people have common characteristics of a group of people--the common crime referred to as. While the second sense accomplice continued divided into broad and narrow accomplice accomplice. Among them, the generalized accomplice includes common behavior outside the joint principal offender; accomplice in narrow sense only means the corresponding category and joint principal offender. In the continental law system countries accomplice theory system, with principal accomplice as its premise to concept, criminal law division classification method of joint crime participant classification, principal is not only one of the central concepts, is also a common criminal conviction and sentencing center. Chivalrous accomplice abettors and accessory, basically to determine their respective penalty basis principal establishment. Therefore, in the theory of joint crimes, the most basic question is how the difference between the principal and the accomplice, if it is not possible to determine the relationship between the two, not only can not solve the accomplice of principal from the attribute, independence, also cannot distinguish between the joint principal offender, indirect principal offender and accessory, abettor.The purpose of this paper is the existing problems through the analysis of the distinction between perpetrator and accomplice accomplice theory, find out why such complex non solution crux, and choose to avoid this embarrassing situation in the theoretical setting more reasonable, model, with a view to China’s complicity theory into the road choice to make a useful guide.The full text is divided into two parts, including introduction, main text, and the text includes three chapters.The introduction part, background, content and method of the research on the topic of summarizing.The first chapter is the system of criminal participation. This part starts from the concept of the cornerstone of research problems, discusses the principal, the principal limitation of the expansion of the concept connotation, extension, and analyzes two kinds of the concept of reasonable or not merit. This leads to different concepts as the two major crime starting point for generating participation system--unitary system and two yuan to participate in the system, and separately to the existing two system overview. At the end of this chapter, the confirmation of the angle of our system of criminal participation by the theory of interpretation.The second chapter is the standard distinction between perpetrator and accomplice. Since the theory of interpretation in criminal law of our country, the system of criminal participation can be attributed to the distinction between perpetrator and accomplice abettors of narrow sense, or help to make different types of participation are distinguished for crime. So, how to solve the standard distinction between perpetrator and accomplice problem, had become the primary problem in the research of the theory of accomplice. Scholars put forward many theories, substantially completed from the "formal objective theory" to "the essence of the approach of substantive objectivism" (this will be referred to as "the essence of the" principal). This article from the whole two yuan of criminal participation system to sort out and summed up the corresponding development context "principal boundary theory" and the trend of development, in order to our country standard distinction between perpetrator and accomplice make useful help. Further on through principal boundary theory in China that analyses and reviews comprehensively, analyzes its reasonable approach based on.The third chapter is the relationship between the principal and the accomplice theory. Based on distinguishing the system, how to understand and grasp the relationship between accomplice and the principal, it is an inevitable subject in the research of the theory of accomplice. From the theoretical pedigree of development point of view, the relationship between accomplice and principal mainly involves the implement from the attributes (in order to accomplice, whether as principal to implement the behavior of realistic existence as necessary), elements from the attribute (principal behavior based as the accomplice of the crime must have what set elements or elements), charges from the attribute (accomplice whether the charge must be subordinate to the principal of the crime or must with other accomplice charges the same basic problem) etc.. Criminal law teachings, day school always attaches great importance to this research, and carries on with a depth of academic dispute, but in Chinese, breadth and depth of about the research are very limited, theory or doctrine was obviously out of date, difficult, and complicated cases in treatment in practice often appears stretched. This chapter adopts comparison research perspective, the crime of the civil law "were introduced from the attribute of say, problems on the subject of the relationship between China and the relevant principle and the accomplice of the involved to comb and research system, with a view to promoting China’s accomplice theory research in depth and development, at the same time can provide guidance for the criminal judicial practice.In short, this article from the perspective of system analysis of two yuan involved in starting, through the analysis and discussion of the perpetrator and accomplice differentiate, criminal participation system and the subordinateness problems, trying to find out about the accomplice theory in China problems failed to solve the crux lies, so as to make a beneficial direction for China’s accomplice theory.