The Research On Reflection And Restriction Of Dogmatism Of Aiding Act As Principal Offender

Under the risk society,Accomplice Perpetrator of the expansion of crime constitutive elements has become the trend for continental criminal law system.On Crime of Aiding Information Network Crime from Criminal law amendment nine is The formal model of principal accomplice.Help crime conviction mode has a theoretical and practical basis,but it is possible for violate the principle of a legally prescribed punishment for a specified crime because of lack of Stereotyping of executive conduct.Whether for sentencing equilibrium,or to resolve the plight of the contact of criminal intention network accomplice or protect the legal interest of positive general prevention of major motivation,Aiding Act as Principal Offender must be careful of.Aiding Act as Principal Offender should be established in making up the doctrinal defects on the accomplice,the dilemma is caused by the inherent defects of accomplice theory or doctrine of accomplice lack of deep thinking,is still a topic of research.To this end,the author tries to resolve the dilemma from the method of law doctrine,and in view of the existing legislation is the constitutive elements of the interpretation of the norms,in order for me Ancient Chinese Literature Search circle for a long time committed to the elimination of the "Lester gap" in this issue provide a reasonable explanation path of accomplice.To solve the above problems,this paper discusses the four parts.The first chapter unscramble the theoretical basis of Aiding Act as Principal Offender based on the two part.The first part discusses the premise of helping behavior crime phenomenon and draw a conclusion that on the basis of the principal and essence of this kind of legislative phenomenon in the limit under the concept of principal offender.The second based on the theory of punishment of accomplice,the author points out that there is an inherent illegality in the act of crime helping to provide the basis for the punishment of this kind of legislation.The second chapter unscramble legislative motivation of Aiding Act as Principal Offender from the normative level.The first part explores the characteristics of this phenomenon by combing the criminal legislation system.The second section analyzes the legislative reason of this phenomenon on the basis of the above,it is concluded that the phenomenon is mainly originated from the two purposes of the realistic crisis of the application of traditional accomplice theory and positive general prevention.The third chapter is to reflect on this phenomenon of Aiding Act as Principal Offender from the perspective of legal dogmatic and Found that there will result in thesystematic abuse of the system of complicity at the theoretical level and it is difficult to define the boundaries of the crime and It on the realistic level.The fourth chapter discusses how to solve the difficulties of traditional complicity doctrine and The scope of how to delimit the phenomenon of Aiding Act as Principal Offender.The first part revised traditional accomplice theory.The double level evaluation system can solved by the theory of joint action theory and the theory of minimal attribute.The second part solve the problem defining the scope of application of On Crime of Aiding Information Network Crime by normative interpretation the subjective elements of "knowing" and objective "crime".so as to achieve how to delimit the phenomenon of Aiding Act as Principal Offender.