The Negativism Of Unilateral Accessory

There are many differences in theory and practice as to whether unilateral accessory behavior should be treated as a joint crime.There is no concept of unilateral accessory in Chinese criminal law.Unilateral accessory is the product of the combination of accessory and one-sided accomplice in the criminal law theory in civil law system.The argument about unilateral accessory mainly stems from the different understanding of the nature of joint crime,including the dispute on how to correctly deal with the increasingly complex criminal phenomenon in the process of social development.In view of this,the author is to go back to the source of criminal law theory,to probe into the essence of joint crime,and combining with the trend of philosophy development,to interpret the stipulation of joint crime in criminal law from the standpoint of inter-subjectivity.The author is to put forward a theoretical stand to support the theory of partly complicity.On the basis of clarifying the theory,the paper is to classify the criminal punishment of unilateral accessory behavior,and to put forward some suggestions in accordance with Chinese criminal law.The paper includes seven parts:introduction,question raising,argument on the concept and nature of unilateral accessory,nature of joint crime,negation of unilateral accessory,handling of unilateral accessory behavior and conclusion.The first part is to briefly introduce the existing problems and the significance of the study of unilateral accessory.Through the difference of the real case of the court,the second part and the third part is to propose the concept of unilateral accessory with a systematic elaboration of the nature of unilateral accessory.The 4th part,the paper is to go deep into the theory of joint crime,to pursue the origin and background of the theory of joint crime,to clarify the theoretical context of the theory of joint crime and act co-theory,and to make an evaluation.On the basis of these,the paper is to form the theoretical position.The part 5th,starting with the text content and text structure of the criminal law of our country,the paper is to demonstrate the concept of joint crime in detail,indicating that the stipulation of the criminal law of our country on the problem of joint crime is clear,and the distinct "inter-subjectivity"characteristics of Chinese criminal law conform to the trend of historical development.The part is to mainly deny the establishment of unilateral accessory on the basis of theory.In the 6th part,the paper is to classify the treatment of unilateral accessory behavior and to put forward the disposal scheme of the differentiated five cases.From the judicial practice,the part is to mainly explain that the establishment of joint crime in unilateral accessory is not necessary.The joint crime can be can be punished in accordance with the provisions of our criminal law.In the 7th part,the paper is to summarize the negativism of unilateral accessory.