Divergence In The Theory Of Accomplice Of Personal Offense And It's Elimination

In China,There are divergences in conviction and sentence of Personal Offense of accomplice on judicial practice and the theory of criminal law.It shows as follow: Is there exception to the principle of “part accomplished,total accomplished” in the hold of forms of crime?Can the aggravating emphasis created by the accomplished offence be attributed to the unaccomplished offence? The most direct expression of these cases is the same type of penalty cases come to different conclusions.Finally,the defendant will bear all the adverse consequences.Therefore,this essay aims at the answer to eliminate such kind of divergences,taking the divergences as breakthrough point,tracing descent from accomplice system,referring to the home and foreign documents and literature.But,before analyzing our accomplice System,it is nessesary to introduce Accomplice of Distinction and Accomplice of Single System.For one part,the theory of criminal law is affected by the German and Japanese criminal law.Accomplice System of China has it's own characteristics,and some theory comes from German and Japanese criminal law,thus resulting in confusion inevitably.It brings different comprehension and appliance of Accomplice of Personal Offense.For the other part,Personal Offense is a product of Accomplice of Distinction.Lastly,the author approves Accomplice of Distinction,the view which based on the comparative analysis of the fundamental characteristics of the different systems and the analysis of Chinese criminal legislation.It leads to the conclusion that,it should be taken as whole on the question of conviction of the joint offence;and there is no exception to the principle of “part accomplished,total accomplished”;however,the aggravating emphasis should be found individually at the situation of Personal Offense;only by this can the essential justice be achieved.