On The Unilateral Accomplice

This paper focuses on the question of whether the "one-sided accomplice can constitute a joint crime", the purpose of this paper is to find a theoretical basis for the one-sided accomplice.First of all, this paper on the concept of one-sided accomplice are defined, and of domestic and foreign criminal legislation on the provisions of one-sided accomplice were sorted, analyzed the countries of continental law system and Anglo American law system about the provisions of one-sided accomplice, the specific provisions of criminal law of China dark contains one-sided accomplice of the law, that legislators of the one-sided accomplice does not exclude.Secondly, this article focuses on the "one-sided accomplice can constitute a joint crime" problem analysis. Respectively introduces the academic circles of three kinds of Views: negation, and affirmation to mediate the indirect principal said, and put forward their own point of view, that the one-sided accomplice structure of joint crime.The author put forward a new understanding of the "joint intentional crime", that "common intentional crime" can be understood as "common criminal intention" and "joint crime intentionally" two kinds of circumstances. Through analysis of one-sided accomplice of constitutive elements of, demonstrates the one-sided accomplice elements in line with the constitution of the joint crime. Thirdly, this paper introduces the three types of one-sided accomplice, one-sided accomplice, one-sided instigation crime and one-sided accomplice is the presence of.At the end of this paper, from the one-sided accomplice of penalties and punishment according to the principle of one expounds how to one-sided joint principal offender,one-sided helping criminal and one-sided instigator penalties.