The Proposal And Application Of Negative Theory Of Successive Accomplice

Successive accomplice has always been a matter of academic dispute,but the substantial controversy of the problem is that the latter actor who participate in successive accomplice undertake how much responsibility,namely in the occasion of successive accomplice,after the behavior person should be in the range of responsibility.For example,in the crime of illegal detention after the detention of actor behavior(length of time)?in the crime of fraud behavior the latter intrant only take the money?in the amount crime the amount of crime of the latter intrant and so on.There must be different results for conviction and punishment based on certain theory and negative theory about successive accomplice.In Japan,the accomplice negative has become the mainstream view,but few scholars in our country to support the above view.Professor Zhang Mingkai Support the compromise theory tending to certain,only a handful of young scholars agree with negative theory,Hai-taoRen,Hong-bing Chen are representative among them.On the one hand,our country criminal law scholars don't payenoughttention to this problem;On the other hand,it's related to our national conditions and development direction of criminal law.For a long time,the situation that our criminal law attaches more importance to charges than to sentencing caused that domestic scholars pay a little attention to the research of successive accomplice.Among various kinds of academic discourse,the study of successive accomplice is restricted to a special form of accomplice with a little discuss,even without discuss.How ever,saying yes or no to successive accomplice not only relates to the charges of accomplice,but also relates to essential punishment.It is closely related to the vital interests of every criminal that different theories may lead completely different conclusions.So,it is necessary to further discuss successive accomplice,on one hand,it will prompt domestic scholars to pay more attentions to accomplice;On the other hand,we must found the more scientific and more objective principle of conviction and punishment to protect everyone's legitimate rights and interests.With direct response to the focus of controversy,this article takes successive accomplice as an objective description to the form of crime,rather than responsibility distribution.The responsibility distribution should adhere to the principle of essential evaluation to law case,the latter intrant should not be responsible for the behavior and results of law benefit violation which take place befor they join.Based on the source of successive accomplice,firstly we should make a definition of the concept and connotation of successive accomplice.Accomplice refers to that the latter actor perpetrate a crime solely or with the first actor sequentially,with intentional offense after the first actor implement a part of abehavior.On this basis,accomplice is the behavior of the joint,and why punish accomplice is that the behavior of accomplice cause the law profit violation results,it iscore proposition of causal accomplice theory.Although the causal theory of accomplice expand the causal relationship of accomplice,the expansion meets the needs of practice overall.So on the basis of adhering to the criminal law of individualism,adhering to the theory of common conduct,adhering to Causal accomplice theory,negative theory of successive accomplice is logical conclusion.The principle should not be changed due to the difference of the practice itself,but should implement to all cases of judgment.Finally,this article will apply negative theory of successive accomplice to the analysis of single behavior crime cases,and multiple act crime cases to clear the responsibility of the latter actor and to confirm the correctness of negative theory.