Research On The Withdraw From The Complicity Of The Help Offenders

The separation of help offenders refers to an accurate evaluation of the scope and extent of the offenders' imputation and degree of imputation when other accomplices continue implement the crime or even cause the result of the crime.In the theoretical circle of criminal law,the representative theory of accomplice disengagement is the disconnection of causation and the disintegration of the relationship of accomplice,but only a few countries have made clear provisions for the disengagement of accomplices,and the applicable objects do not include the common offenders and the abettor,which are limited to the help of the offenders.Through the comparative study of the extraterritorial legislation of the aid offender break away from the system,it can be judged that most of the constituent elements of the disengagement of the help offenders begin with the time and space conditions,the subjective conditions and the objective conditions.Comprehensively examine the impact of helping to break away,such as the expressions before and after the implementation,the expression of meaning,and the existence of sincere efforts.According to the position in different doctrines and judicial practice,this paper discusses the specific standards of helping the offender out,Usually the situation is based on attempted punishment,suspended punishment,or treatment according to discretionary circumstances.Which specific legal effect is applicable also requires a comprehensive and standardized investigation in phases and conditions.As an exotic,the theory of help offenders whether can be used for reference and how to use it for my own use.It should be selected on the basis of the study of foreign theories and the current situation of our country's criminal law and the status quo of judicature.In our country's judicial practice,there are situations in which the offenders are separated from each other.If it is dealt with according to the principle of "full responsibility of partial behavior",it is too harsh for the disengaged,and it does not conform to the principle of adaptation to crime.The establishment of the disengagement system can objectively and impartially evaluate the offense of the offender,which not only complies with the principle of legal punishment in China,but also conforms to the requirement of the modesty of criminal law.Accomplice detachment from the development of theory has been independent of the legal character and research value.It provides a new way to solve the problem of the attribution of the common crime.It also provides a more clear direction and choice for the construction of the specific punishment model for the disengagement theory of the help offenders in our country,as a new theoretical research to promote China's legislative improvement.