Research On One-Sided Accomplice

The one-sided accomplice is source in the theory of the criminal law of continental law system, the concept, the Anglo American law system to such a social harm of crime phenomenon known as "potential complicity crime". Although the concept originated from a foreign country, but the existence of this crime in the field of judicial practice in our country can not be denied. However, due to China’s criminal legislation on the status is not clearly stipulated, resulting in a long time, not only in the field of criminal law theory debate in the field of judicial practice, the judge is not a. The theory and practice of the attitude of confusion, so in recent years more and more scholars begin to pay attention to and discuss the legislation vacancy. The nature of the one-sided accomplice theory, the scope of the opinion is not uniform. Based on the nature of the one-sided accomplice theory as the core elements, is divided into three parts, difficulty and focus of controversy involved in the discussion of one-sided accomplice.The first part : overview of one-sided accomplice. This part first introduced the concept of one-sided accomplice, one-sided accomplice this objective phenomenon is a form of what crime patterns are clearly defined, that one-sided accomplice should be understood as a form of crime rather than narrow understanding guilty sinners. Then traced the source of the one-sided accomplice, the one-sided accomplice of this theory is how to start, how to develop the foundation established in which. At the end of the thesis, demonstrates the nature of the one-sided accomplice that one-sided accomplice exactly how to define the attribute, one-sided accomplice and common crime, the relationship between how to grasp and the this chapter focuses on the problems, but also the core problem. Comparison of domestic and foreign criminal law theoretical circles on the nature of attitudes and analysis including the advantages and disadvantages, through a reasonable explanation to the greatest extent to make up for the loopholes in legislation is not strict. Finally it is concluded that the position held by this paper: the one-sided accomplice should belong to common crime.The second part: the establishment of the one-sided accomplice. The establishment of elements that meet the conditions between the sinner can set up a one-sided accomplice, the establishment of elements should be different from the specific elements of the crime. The author believes that the essential elements of the one-sided accomplice and the constitutive elements of the crime are two aspects of the problem, the former is to clarify how to constitute a one-sided accomplice, the latter is to clarify how to constitute a specific crime. Of course, both are based on the two levels of subjective and objective discussion. So this part is in subjective and objective factor as a benchmark, through comparison one-sided accomplice and full accomplice(the traditional theory of criminal law, the understanding of the joint offence in the establishment of elements of different that the establishment of one-sided accomplice elements, and the special requirements to be the focus of theory. In this part, the subjective elements and the objective elements of some of the more sharp point of view, to a certain extent, also gave some new challenges to the traditional theory.The third part: the scope of the one-sided accomplice. The core of this part is to discuss the question of whether the four forms of joint crime can be one of the basic types of one-sided accomplice. The basic position of this paper is: the one- sided nature of the negative organizational crime, the one-sided type of the other accomplice. Based on one-sided accomplice is one-sided accomplice of the emergence and development of the root, is the affirmation of the one-sided accomplice theory firstly affirms that form of crime, so the one-sided to help make the argument in the first part of the one-sided accomplice nature theory has been clearly demonstrated, this part will not repeat them, this part of one-sided helping criminal recounts the form and behavior. And for the other three kinds of one-sided accomplice form, the author in this part has carried on the one one demonstration, and to these three kinds of one-sided accomplice form involved to the difficult point, the dispute point has carried on the expansion research.