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Research On Several Problems Of One-sided Accomplice

Posted on:2018-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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There has been a disagreement and controversy over whether or not it has been set up and established.The civil law countries outside our country,whether or not the concept of the accomplice made clear,most of them did not explicitly require the establishment of the accomplice to the interaction between the actors as a necessary condition.The theoretical basis of the establishment of the one-sided accomplice is that the substantive evaluation of the criminal law is divided into the judgment of illegality and the judgment of the guilt.The accomplice of the joint crime is to determine which person's behavior leads to the occurrence of the illegal facts.The joint crime is illegal,Does not recognize the subjective responsibility of people.At the same time,the purpose of criminal law is to protect the legal interests,criminal law evaluation of human external behavior rather than subjective psychology.Joint crime,in fact,criminals through the use of each other's criminal behavior to achieve their own criminal purposes.One-sided accomplice set up under the premise of one-sided accomplice there is one-sided implementation of offenders,one-sided instigator,one-sided help to commit three types."Part of the full responsibility" does not mean that there must be a mutual contact between the co-perpetrators.The instigator instigated the crime of others,and the others had committed the crime and carried out the instigation of the crime,the instigator was established.Helpers secretly help others make others more sinful or strengthen the crime of others,help the helper and help people constitute an accomplice.In addition,this article also discusses the appearance of harmless "neutral behavior".One-sided accomplice,based on intentional,conceals his own criminal purpose against the criminal purpose of others,realizes the crime by unintentional act of committing the crime,and objectively creates the danger or result of the infringement of the law.The The penalties for one-sided accomplice should also be punished according to the principle of punishment of ordinary accomplice and punishment for different forms of cessation.The behavior of a one-sided actor is not linked to an act of conduct,and there is no risk of infringement of law.
Keywords/Search Tags:One-sided accomplice, Joint crime, Meaning contact, Criminal responsibility
PDF Full Text Request
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