Research Onmaking Accomplice Principle Offender

According to the theory of Joint Crime,the accomplice relies on the principal offender both in the sentencing criterion and cautiously recognize.However,there many cases that directly sentencing the accomplice as the the principal offender,which become a trend in the latest Amendment to Criminal Law.It is called accomplice truing to principal offender.many problems have occurred in legislation,administration of justice and academic world.This article aims at exploring the legislative principles and standards,as well as the conviction problems in judicial practice,based on the relevant crimes in both Chinese criminal code and the latest Amendment.The first section of this article mainly dicuss the theory basis.The accomplice crime theory in criminal law system can be divided into two categories,unitary and distinguished.The meaning and relaitionship of the the accomplice and the principal offender differ from each other.The former one is based on the expanded conception of perpetrator and the latter one is based on the restricted conception of perpetration.In my opinion.This article adopt the latter one.It can solve the problem arised by the weakness of Criminal Law,achieve the reasonable punishment and avoid abuse of punishment.The first section reseach on the legislation around the world.The results is in culuding Janpan,Germany and the UK.The legislation that accomplice sentenced as the principal offender is also common in these countries.According to the feature of the act,they can divided into five kinds:financial aid,Intermediary,producing special tools,assistance,and general help.The third part study on the discussions in academy world.The scholars has been divided into two parts:one take the view oof agreement,while one hold a negative attitude.The article support the former opinion.the accomplice should be sentenced as the principal offender according to the theory of joint crime and the criminal policy,with the aim of protect legal interest.The four part is exploration in the problems of legislation,there is a deficiency in the guidance of legislation ideology.And it is not clear that under what criterion the accomplice can be regarded as principal offender.After the legislature regulates the new crime,there is always a link gap between different crimes which makes an inconsistent crime system.The five section is the advice on legislature reconstructing.Firstly,according to the restraining spirit of criminal law,legislators have to be in accordance with the conception of restriction and legal interest protection when they are regulating relevant crimes and punishments.However,when facing the varied new crime,the criminal law should active take them as crime,criminalization to a certain extent is the trend of criminal law.Secondly,set preperstandard.Only if the accomplice have caused serious damage of legal interest and can be categorized as the feature of its behavior.Industrialization crime like cybercrime,food safety crime deserved more attention.Third and the last,the expression of the crime should be more reasonable,giving specific guide to the administration of justice and the academic world.