On Questions About Unilateral Accomplice

One-sided accomplice exists objectively in the judicial practice, and there is a lot of controversy in the theoretical circle. The main controversial issues are whether the common crime of one-sided accomplice, the scope of the establishment of the one-sided accomplice and the determination of the criminal responsibility of the one-sided joint crime. China's criminal law expressly provides common crime connotation, which one-sided one-sided accomplice into the category of common crime provide a barrier, also led to the argument about the one-sided accomplice nature of criminal law theory of our country academia. This paper, based on the introduction of common crime and common behavior on highlighting the debate about the nature and scope of the one-sided accomplice and penalty theory, and put forward on the basis of different ideas:expand the connotation should be the intention of joint crime and the one-sided accomplice into the category of joint crime; crime, one-sided unilateral accessory and unilateral abettor, one-sided organizing offender does not exist; the one-sided accomplice punishment, should be classified as:the one-sided perpetrator and one-sided accessory, we should distinguish the one-sided in the role of common crime, shall be punished in accordance with the principle of common crime; for unilateral abettor, though there is one side abettor, but the punishment can be straight to the instigator penalty principle.