The Study Of Accomplice Separation Issues

The issue of joint crime is always very complicated in Chinese criminal judicial practice,and our criminal law does not regulate the joint crime pattern in our country that requires a combination of individual crime to judge.The partial accomplice from the joint criminal relationship still causing crime result is not uncommon situation,and the judge who treats complicity disengagement as lighter punishment disposes these cases according to the crime treatment or discusses whether accomplice disengagement is discontinuance of joint crime.We should combine the judicial practice in the judgment and the theory of accomplice disengagement in Japan,and establish the specific standards for different types of accomplice disengagement from two aspects of subjective and objective factors on the basics of the essence of accomplice theory and the identification of the elimination theory of accomplice relation.The situation of the behavior before quitting the accomplice relation and the change of subjective intention or other factors of the person who withdraws from the complicity will influence the judgment of accomplice disengagement.The person who withdraws from the complicity does not bear the responsibility for the final result of the rest of joint offenders after the withdrawal of the accomplice but bear the corresponding responsibility for the behavior and the result before the withdrawal on the basics of the analysis about whether the behavior of the rest of joint offenders belongs to the behavior under the controlling of the complicity from the article,and this paper puts some problems that should be taken notice of and suggestions for the establishment of the theory of accomplice disengagement with hoping to provide a strong argument for judicial decision.