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On The Withdrawal From Complicity

Posted on:2019-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Withdrawalfrom complicity refers to the situation that some accomplices withdraw from the complicity automatically after the complicity has been formed,so that they do not bear criminal responsibility for the criminal results caused by other accomplices after the withdrawal."withdrawal from complicity" was first proposed by Japanese criminal law scholar Osaka Hirohito,in order to "solve the problem of accomplice's responsibility which failed to prevent the consequences of the crime that had been suspended".In the judicial practice of our country,there are a lot of cases in which accomplices withdraw from the complicity automatically.However,there is a great controversy about how to determine the criminal responsibility of the perpetrator.The court usually takes it as a completed crime according to the principle of "one person's accomplishment and complete accomplishment".This kind of practice is obviously too harsh,which is not conducive to encouraging the accomplice to abandon the crime,split up and disintegrate the joint offence,but also contrary to the principle of matching punishment with crime and responsibility and the modesty and restraint of the criminal law.The theory of withdrawalfrom complicity provides a new perspective and annotation for the reasonable determination of such cases,which not only helps to resolve the Judicial dilemma and embarrassment of the inaccessibility of the suspension of crime,but also further improves the theory of joint offence while ensuring the stability of the criminal law system.Therefore,this article tries to discuss the independent legal character,cognizance standard and specific types of withdrawal from complicity,so as to provide a path choice for how to bring this theory into the criminal legislation system of our country.This article is composed of three parts:preface,text and conclusion.The body part is divided into four chapters.Chapter one,"Definition of the concept of withdrawal from complicity" mainly introduces the theoretical origin and main theories of withdrawal from complicity,and on this basis,proposes the concept of withdrawal from complicity.Chapter two,"The independent theoretical orientation of withdrawal from complicity" discusses the significance and value of the theory of withdrawal from complicity by comparing and analyzing the scope of the study,the applicable object and the constitutive requirements of withdrawal from complicity and criminal suspension.Chapter three,"The legal effect and standard of withdrawal from complicity"combined with the relevant doctrine of the effect of withdrawal from complicity from the law,discusses the general elements of the establishment of the withdrawal from complicity,and analyzes the specific types of the withdrawal from complicity according to the role of accomplices in the joint offence,division of labor and the time node of the withdrawal.Chapter four,"Legislative construction of withdrawal from complicity"based on the analysis of the relevant judicial adjudication cases in China,proposes the preliminary idea of introducing the system of withdrawal from complicity into China's criminal legislation.
Keywords/Search Tags:Joint offence, Complicity, Withdrawal from complicity, Accomplice
PDF Full Text Request
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