The Composition Of Accomplice Illegality

This paper discusses the problem of illegality of narrow accomplice, regarding the theory of violating legal interest as theoretical foundation and insisting the theoretic standpoint of result worthless theory. A complete discussion of this problem must be disassembled, separately researched and then integrated. The article is divided into four chapters, studying this problem from four angles:the relationship between the principal and the accomplice, the essence of the illegality of accomplice, the constitutive elements of illegality of the accomplice and last one is the Identification of the accomplice illegality.Firstly, the the composition of narrow accomplice illegality is one aspect of discussing the narrow accomplice, so we must have a basic understanding about it. But this understanding is not comprehensive, but selective. On the basis of differentiating the two theory of accomplice in-dependency and accomplice dependency, we mainly discuss the relationship between the principal and the accomplice from the perspective of the theory of accomplice in-dependency. According to the analysis above, We clarify not only the core position of principal offender in the joint crime, but also the in-dependency of accomplice. Specially speaking, in a joint crime, the principal’s action leads to real harm results or realistic risky to law profit directly, however the accomplice only can lead to this result indirectly by means of the principal’s action.Secondly, the ultimate foothold of this paper is the composition of narrow accomplice illegality, but understanding of the essence of the illegality of accomplice is the premise of defining the constituent elements of this illegality. Based on different understanding of the essence of illegality, we will derive different constituent elements. So we must elaborate the understanding of illegality before discussing the constituent elements. This paper analyses different viewpoints of the behavior worthless theory, result worthless theory and new behavior worthless theory. Then i choose the theoretic standpoint of result worthless theory that the essence of accomplice illegality is that the accomplice’s action leads to real harm results or realistic risky to legal interest. Although the accomplice is subordinate to the principal, the illegality of accomplice is inherent in itself rather than derives from the principal’s illegality. The root of accomplice illegality is that the accomplice leads to harmful results or realistic risky to law profit indirectly.Thirdly, the core issue of this paper is composition of accomplice illegality, and this composition must eventually be attributed to specific elements. There are some specific characteristics we must take into consideration. The accomplice has its own illegality, so the discussion about constituent elements must center around accomplice itself. But the accomplice is also subordinate to the principal, we must have a clear understanding about the relationship between the principal and accomplice illegality. Based on the two chapters above, we can attribute the illegality of accomplice into four elements:first is the result which can damage or threaten the legal interest. Second is that the principal has the action that keeps with constitutive elements of crime. Third is the accomplice has the action which leads to harmful results or realistic risky to law profit. The last element is that there is causal relationship between accomplice’s action and the result of legal interest infringement. After doing this attribution, this paper discusses how the action and results of principal influence the composition of accomplice illegality.Finally, theoretical research of the criminal law must serve the criminal law practice. In the last part of this article, i prove the practical applicability of the theoretical research about composition of accomplice illegality which have been finished above. After refuting some corresponding question about result worthless theory, i combine this theory and accomplice in-dependency theory as the basic method of judging the illegality of accomplice and offer the specific steps to judge the illegality of instigators and help offenders. At the end of this article, i take a concrete example demonstrates how the theoretical research in this paper can apply to the cognizance of accomplice illegality.