The Study Of Legal Status Of The Unilateral Accessory

There is always a big controversy about the legal status of the unilateral accessory.On the one hand,the provisions of the Criminal Law on the common crime make the unilateral accessory to make almost no room for existence.On the other hand,the case of judicial practice makes the unilateral accessory bring into the scope of criminal law considerations.In addition,the criminal law in the increasingly obvious "accomplice is committed" phenomenon lay a foundation for o the existence of the unilateral accessory.This kind of discord between the General Introduction of Criminal Law and Sub-Criminal Law,makes judicial practice at a loss,but also caused a great controversyin the criminal law school.However,whether it is from the perspective of criminal law theory or from the perspective of the objective needs of judicial practice,the unilateral accessory to establish the legal status of the establishment has been urgent.In this article,the author mainly from the constitutive elements of the unilateral accessory,the legal nature of the unilateral accessory,the unilateral accessory with the relationship between other types of crime,the scope of the unilateral accessory,the criminal legislation and judicial practice of the extraterritorial and so on.From these five aspect to proof the necessity to establish legal status of the unilateral accessory and provide the necessary legislative and judicial advice on the improvement of the legal status of the unilateral accessory.The first part clarifies the necessary conditions for the establishment of the unilateral accessory by making a demonstration of the elements of the unilateral accessory,and clarifies the unique legal value of the unilateral accessory by making a discussion of the elements and characteristics of the unilateral accessory.The introduction and analysis of the theoretical differences in the prevention of the unilateral accessory point out the theoretical basis for establishing the one-sided assistance to the legal status.The second part confirms the accomplice status of the unilateral accessory and makes clear the theoretical basis and independent value of the unilateral accessory to establish the legal status.The third part clarifies the distinction between the unilateral accessory pand the other types of crime by defining the distinction between the unilateral accessory p and the other types of crime,and confirms the necessity of the unilateral accessory.In the fourth part,through the analysis of the scope of the unilateral accessory,it proves the possibility of the unilateral accessory in the different conditions,and then defines the existence scope of the unilateral accessory crime,which provides the basis for the conviction and sentencing of the unilateral accessory.In the fifth part,through the analysis of the legislation,judicature and theory of Continental law system and Anglo American law system,it reflects the shortage of our country's criminal law in the common crime,and the legislation and the judicial perfection Provide the corresponding reference.In the sixth part,according to the analysis of the first five parts,this paper points out the shortage of our country on the prevention of legislation and theoretical research,clarifies the difficulties encountered in judicial practice,and puts forward the corresponding perfect path.In short,the unilateral accessory in the practice of justice is an objective reality,we can not defined and denied its existence because of our criminal law is not clearly,but should be based on the needs of judicial practice of criminal law to improve the provisions of the criminal law to amend to serve the community realistic need.