Research On The Withdraw From The Complicity

The writing background of this article is to solve some of the accomplice crimes in the joint crime,the suspension of the crime was unsuccessful,part of the prisoners also made a sincere effort,but did not succeed in preventing the crime of joint crime outcome.Because this kind of situation is similar to that of accomplice suspensions,it does not meet the conditions for the establishment of accomplice suspensions.In practice,there is no specific confirmation of the detachment of accomplice.It is easy to cause confusion in specific verdicts.Therefore,In what circumstances set off the accomplice off the detachment,what is the specific criteria,how to determine the criminal responsibility.Under such circumstances,Japanese scholars believe that after the study,they can conclude that this part of the co-offender who has been separated from the accomplice is only responsible for the act before the departure and is not responsible for the result of the crime.There are many such cases in our current judicial process.However,since China's criminal law does not define the concept of the separation of accomplice relations,the judicial practice can only follow the provisions of the existing criminal law and can only be handled as an accomplice on the basis of the principle of "one completed and all completed" Corresponding criminal responsibility.However,if this part of people is to be separated from accomplices,they can only be given lenient or mitigated punishment according to the discretionary sentencing circumstances.This kind of solution is too harsh and unfair to the accomplice who intends to detach,and it also does not accord with the principle that the subjectivity and objectivity should be reconciled and does not meet the crime and punishment to adapt to the principleThe theory of separation of accomplice has its own independent theoretical characteristics.In Japan's criminal law academic circle,the discussion of this theory is very fierce,and has formed a complete and sound theoretical system.However,our country's criminal law scholars pay relatively less attention to this theory.On the basis of introducing the theory of detachment of accomplice,this paper attempts to explore the necessity of its application and the necessity of introducing and choosing our country.This article consists of five parts:The first part is the introduction of the dissertation,focusing on the background of the selected topic,the theoretical and practical significance of the selected topic,combing the research status quo of the separation of accomplice and the description of the research methods,research ideas and innovations.The second part presents an overview of the separation of accomplice.The origin of accomplice from theory originates in Japan.It introduces the basic source of this theory and clarifies the concept of detachment of accomplice.At the same time,it elaborates the relation between the detachment of accomplice and the suspension of accomplice,which means that detachment of accomplice is not in the same category as termination of accomplice,and should be researched and discussed independently.The third part introduces the relevant theories of the separation of accomplice at home and abroad.By introducing the representative countries in the civil law system and Anglo-American law system,Germany-the crime was suspended,Japan-"accomplice detachment",the United States-the termination of the accomplice,the British-"accomplice to withdraw" theory to better Application of Accomplices in China from the Theory.The fourth part introduces the basic elements and typological analysis of the detachment of accomplice.Some of the accomplice need certain conditions to succeed in getting out of the accomplice relationship.This part discusses the range-time,subjectivity and objectivity of time and space to be achieved when they are separated from accomplice.This section also explores the conditions under which different types of accomplices can break off from the point of separation of abettors,their separation from help,and the separation of common criminals.The fifth part discusses the application of the concept of collusion range in the theory of amalgamating prisoners in our country.First of all,it must be made clear that the theory of accomplice separation is independent from the theory of suspension of accomplice.The theory has its own unique value and should be studied independently.It is beneficial to perfect the theory of criminal law,to solve the problems in judicial practice and to fulfill the principle of crime.For the part of detainees who should be convicted of criminal responsibility,with reference to the outstanding achievements of other countries theory,using conspiratorial range theory to improve our theoretical study of the detachment of accomplice,through the specificcase analysis to be corroborated.