Font Size: a A A

Study On The Withdraw From The Complicity

Posted on:2016-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:S H ChenFull Text:PDF
GTID:2296330470966590Subject:Law
Abstract/Summary:PDF Full Text Request
In the common crime accomplice, there will be some hope in the completion of the crime before the exit, is responsible for the relationship of accomplice and not to quit after the other accomplice crime situation, Japan put forward accomplice from theory, as for the exit and set up a golden bridge,to encourage from crime, and let it free responsible for the other inmates from behavior. At present, there is no Chinese related legislation, lack of systematic study about the theory, but need theory to guide treatment for similar problems in the judicial practice. Withdraw from the complicity theory was originally born in Japan, is not completely fit in our criminal law. This paper will be based on the criminal law of our country, and put forward the theory of evolution by Japanese and Chinese scholars, combined with the specific case, will withdraw from the complicity theory into the theory of accomplice system in china.This will be the first to withdraw from the complicity of overview, introduces its theory origin and evolution, and clearly the accomplice from theory and practice. Many scholars view and its influence through the comparison of Japan, according to China’s actual needs, in the premise of the necessary correction, select the most suitable for the laws and regulations of our country and the present situation of the theory of accomplice relationship digestion theory, and define the withdraw from the complicity theory and the difference and connection between the theory of discontinuance of crime is often confused with the two different the theory of.Subsequently, the accomplice relationship dispels as the foundation, established from the argument to the discontinuation of the crime as the standard, and should be based on the detachment of the forms of common crime case discussion. This paper will be based on the classification of accomplices method in our traffic, is divided into two major categories, four small classes were discussed under various forms of complicity identification from the method.Finally, to discuss the problem of criminal responsibility of detachment, in full accordance with the provisions of the criminal law Chinese, and judicial practice based on the feasibility, draw lessons from the foreign beneficial achievement of theory and practice, determine the relationship from a common criminal punishment rules, which is the accomplice from theory.
Keywords/Search Tags:common crime, accomplice from the discontinuance of crime, the punishment principle
PDF Full Text Request
Related items