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Determination Of The Separation Of Complicity

Posted on:2018-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:X X ShangFull Text:PDF
GTID:2346330515490162Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of separation of accomplice by introducing China to the research and development has been more than ten years,there has been considerable discussion in the academic circles,there is reason to believe that the necessity of the theory of rationality and has no doubt.But for the determination of the relationship between the accomplice and its standards,scholars have not yet reached a more unified understanding.The influence of the traditional theory of accomplice,judicial practice in China for breaking away from the accomplice relationship situation is not for research,discussion and theory of accomplice resonate and accomplice accomplice relationship from phenomenon does exist,so in dealing with such problems in the process of inevitable existence predicament.The introduction and establishment of the theory of accomplice disengagement provide guidance for solving the plight of judicial practice,and establish the basic direction of solving such problems.The use of a judicial and abstract theory guidance,but also should have a more specific and operable standards,from the complicity theory on the academic research has not formed a unified standard operation feasibility,for the judicial practice from the accomplice relationship.It is based on the above reasons,this article through the use of comparative law and other methods to explore the relationship between the separation of our country,the article is divided into three parts:The first part is about the theoretical basis and the basic standpoint of the theory of separation of accomplice.This paper mainly discusses the basic standpoint of the theory of accomplice disengagement,that is to say that the act of joint action is the premise and the basis of joint punishment is the basic way of thinking.It is because of the common and accomplice behavior inherent illegality and responsibility based on,since the accomplice inherent illegal and responsibility,it certainly has the potential to break out to the illegal negates the complicity and responsibility tends to be serious;it is the causality in its results and should be punished based on the cut off this kind of causality of course,do not need to be responsible for the results after cutting.Because of the same trend in the causal process at every stage,both from the complicity of the causal relationship between the trip in May,but as a whole the accomplice from theory,should be a has its independent legal personalitytheory.Second,The standard of separation of accomplice.It is necessary for us to recognize that the accomplice is separated from the accomplice,which is only the premise of the separation of the responsibility of the detachment,rather than the responsibility of the detachment.The criteria should include the detachment time when detachment from the accomplice relationship constitute from possible;objective standard of detachment,the detachment in what conditions have identified from the possible related problems from the subjective;that is,from the subjective mentality from accomplice relationship,the subjective state of mind it should be with responsibility to distinguish the subjective state of mind.Third,the specific type of accomplice from the identification of accomplice.This paper collected(moderate)said that the causal relationship between interrupting objective standards of complicity renunciation,the causal relationship of accomplice from core analysis,and different types have different causal accomplice,discussed in detail in this part.According to China's accomplice system for dividing accomplice type,combined with the shortcomings of Germany and Japan on the classification theory of accomplice accomplice,accomplice will type in China is the instigator,to help offenders,organized crime and joint offence,and discuss issues related to the specific detachment.
Keywords/Search Tags:Separation of accomplice, The common behavior theory, The causal accomplice theory, The causal relationship between interrupting theory
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