Judicial Determination Of The Accomplice Relationship

Criminal law of our country provides for the suspension of crime on solitary crime and does not stipulate clearly on the suspension of crime of joint offense.However,the common crime itself is more complex than the single crime,and some cases cannot be solved by the existing theory of the suspension of the common crime.Japan's Professor put forward the theory of accomplice detachment.In order to solve the problem that part of the perpetrators in the joint crime stopped the crime or organized the other co-sinners to continue their crimes,there is not effective liability determination to prevent the occurrence of the criminal result.It is not the same theory that the accomplice detachment theory can make up for the theory of accomplice suspense.The theory of accomplice detachment is not the same as that of the accomplice suspending theory.Therefore,it is impossible to include the situation of accomplice detachment into the theory of suspending common crime,which is of independent research value.Therefore,based on the theory of criminal law and judicial practice in our country,combined with the concrete typical cases,this article tries to separate the common offender from this special type of crime into the common crime system by taking the disengagement of the common criminal relationship as an independent criminal type to solve complex cases encountered in practice,improve the theoretical system of criminal law.