Study On The Withdrawing From The Complicity

The theory of withdrawing from the Complicity from the Japanese scholar professor Otsuka Ren has been widely discussed in the academic community,and most scholars have been compare withdrawing from the complicity with suspension accomplice,and tried to use the latter theory to make up for the unresolved and missing parts of the suspension accomplice,The theory of withdrawing from the complicity is an important part of the accomplice 's ontology.The question of the criminal responsibility of the part of the common offender who has committed the act of disengagement(which has cut off the causal link between the behavior of other common offenders and the result of the crime)has little need for the criminal law of the countries,and the theoretical circles have not yet reached unified and systematic conclusions,However,there is a large number of cases of joint crime,and other common offenders continue to commit crimes.In this case,the accomplishment of the crime,for the dislocation of what kind of responsibility,is a need to be carefully analyzed the reality of the urgent problem.According to the provisions of 24 articles on the suspension of our criminal law in China,in the judicial practice,the situation above mentioned,that is,through the sincere efforts of the perpetrators as sentencing circumstances,resulting in judicial discretion right is too much,and no standard,Theory is the inevitable choice of fine punishment of punishment.The existing theory has the following shortcomings: Firstly,legal character definition is not accurate.From the beginning of the proposition that the rescuing the theory of accomplice's suspension,but as the development of the theory,more and more people were skeptical about it.The difference is more obvious;secondly,establishment of the basis is doubtful.The key point is that the perpetrator after the crime,want to divorce from the group,it is necessary to cut off with the common criminals psychological and physical causal relationship,the physical relationship can be eliminated,but how to eliminate the psychological relationship it seems a problem hardly resolved;Thirdly,the punishment cannot match our crime system.The existing theory mainly to the attempted to suspend for the punishment standard,but in our country related laws have been beyond the scope of the interpretation.Therefore,it is necessary to reconstruct from the existing criminal law system in our country.This article is based on the whole crime theory system,understand and explain the issue.In this paper,it is determined that concept should be defined as the specific form of cessation;secondly,it is necessary to disband from the establishment of the objective element after the act of disengagement.And the punishment should be separately from the two before and after the behavior of the evaluation;the final case in the practice of reconciliation by the reorganization of theoretical rationality.