Probe On Regarding Aiding Act As Perpetrating Act

How to define aiding act,and how to find the theoretical foundation of its establishment can be described as basic question.In this paper,the relevant contents of foreign criminal law are compared to help the study on regarding aiding act as perpetrating act in China's criminal law at the same time.After the use and development are combed and expected,there will come with a view to complete a preliminary inquiry into the regarding aiding act as perpetrating act.This article is divided into four parts:The first part mainly deals with the definition,characteristics,positioning,and types of regarding aiding act as perpetrating act.the first and foremost should be the concept of ‘aiding act',and then the concept of ‘perpetrating act'.After the two steps can we analyze it in the way of semantics,and then it can be more clearly to identify the position.The second part is to analyze the theoretical foundation and the necessity.Since the conceptual issues such as the definition and features that clearly define the regarding aiding act as perpetrating act are not sufficient for their proper concept,that is the top priority to dig deeper into the basis of their existence and the source of theoretical support.On the issue of its necessity,this paper is divided into three aspects to explore its support,namely,the independent illegality of aiding act.The difference of the principal of the regarding aiding act as perpetrating act and complicity crime,and it highlights the significance of the general preventive function of criminal punishment.The third part is the investigation of the related contents of foreign criminal law and the aiding act,mainly introducing and combing the criminal law in continental and AngloAmerican law countries,judging and analyzing the two separately.For the reason that our country's complicity crime theory draws heavily on the complicity crime theory of continental law countries,it focuses on the introduction of the theory of complicity crime in continental law countries.The fourth part is to introduce the phenomenon of the regarding aiding act as perpetrating act in criminal law in the criminal legislation and criminal law theory.Suggestions are also mentioned in order to provide advice for the development of China's legal cause.