The Complicity Of Judicial Interpretation Research

The accomplice is arguing intensely in the theoretical circle of criminal law.In addition,a large number of complicity of the interpretation provisions have emerged in the judiciary,which has made the original complicated cognizance problem more confusing.This article discuss that legality and reasonableness of the judicial interpretation through comparison with the theories and criminal rules.It is hoped that complicity of the judicial interpretation will be explained.The object studied in this paper is the relevant provisions of "accomplice" in the judicial interpretation.It is qualitatively different with the "accomplices" in the criminal law.There are two mainstream views,namely,the theory of common intent and the theory of common behavior.The theory of common intent asserts that "commonness" refers to subjective commons,the common behavioral theory holds that "commonness" describes behavioral commonness.From the view of literal meaning,these judicial interpretation provisions can be divided into two types.According to the criminal law about accomplice and the relevant theory of it,through the analysis of the subjective and objective requirements of the specific“accomplice-attributes”stipulation in the judicial interpretation,it can be concluded that not all complicity of the judicial interpretation meet the criteria for the accomplice.Any provisions of judicial interpretation should be based on the relevant criminal law,and no breakthroughs can be made.Therefore,a negative evaluation of the "accomplice" that do not conform to criminal law should be made,and should actively explore the path of solutions.