Font Size: a A A

Foundation Of Narrow Accomplice

Posted on:2019-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:B YangFull Text:PDF
GTID:2416330545459641Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The issue of accomplice has been called "the dark chapter" by scholars of criminal law.The reason why it makes people so desperate is that its content is too complex.The complexity lies in the fact that the content of accomplice is so numerous and jumbled,and the relevant theories are interrelated.What's more,the basis of the penalties for accomplices is a problem with more solid foundation and more involved contents in the theory of accomplice.In essence,the research of the penalties for accomplices in the narrow sense mainly focuses on that why a accomplice,whose acts do not meet the constitutive requirements stipulated in the special provisions of the criminal law,should face penalty as a criminal.Throughout the study of Chinese and foreign criminal law,when it comes to the issue of the penalty for accomplices,some scholars take the theory of legislation as the starting point to study,while some start from the theory of interpretivism.Considering the current situation of the theoretical system of criminal law in China,it is more reasonable to do the research based on the theory of interpretivism.That is to say,the research on the basis of penalty for accomplices should lay particular emphasis on the penalties for accomplices in the narrow sense.In the theoretical system of accomplice,the acceptance of the concept of restricted principal offender is the prerequisite for the penalty for accomplices in the narrow sense.In the existing criminal theory system in China,the concept of the restricted principal offender is widely accepted,and it also provides the theoretical basis and conditions for the discussion of the penalties for accomplices.According to the basis of the penalties for accomplices in the narrow sense,the most influential theories at present mainly are the theory of responsible accomplice,the theory of illegal accomplice and the theory of provoking.And the theory of provoking is further divided into pure provoking theory,correction provoking theory and compromise theory.Judging from the contents of these various theories,there is no doubt that the view of compromise theory is more reasonable.Of course,having reasonable viewpoints is an important reason for whether a theory deserves to be advocated.But more importantly,its inner logical analysis should be rigorous.From the perspective of logical analysis,the logic contained in the compromise theory is more comprehensive,and it also takes many aspects into consideration,for example,law,responsibility,the independence of accomplice and property.Moreover,the compromise theory is more suitable for combining with the existing criminal law system in China.Not only can it improve the related theoretical problems in the theory of accomplice in China,but also is more applicable to the criminal juridical practice.Therefore,compared with other theories and viewpoints,compromise theory is more systematic and methodical.It should be advocated.
Keywords/Search Tags:foundation of narrow accomplice, responsible accomplice, illegal accomplice, provoking theory, compromise theory
PDF Full Text Request
Related items