Research On The Crime Of Unilateral Help

China's criminal law provides a more detailed definition of the common crimes between multiple criminal actors.However,it ignores the one-sided help behavior of one-sided helpers.It should also be included in the scope of criminal law considerations,especially in judicial practice.The more criminal facts seriously threaten the stability of society and endanger the lives of others.Therefore,from the perspective of theory and practice,it is particularly important to establish a legal status of one-sided help.The development of this paper covers many aspects.Firstly,it defines the connotation of one-sided help crimes in detail,and then gradually introduces the various elements and legal nature of one-sided help crimes.Secondly,it expounds its criminal forms in different situations and other types of crimes.Relationships,extraterritorial legislation on unilateral help and judicial practice,and then from the one-sided help to the practical application of the practice,continue to deeply analyze the application of the theory,and then draw a reasonable practice reflection.In the end,it provides corresponding legislative and judicial advice on the improvement of one-sided assistance in legal status.This paper is divided into four chapters.The first chapter is the introduction.From the theoretical research at home and abroad,this paper discusses the research purpose and significance of one-sided help criminals,and finds the research methods to solve the one-sided help criminal theory,thus discussing the one-sided help behavior.The foundation is laid out in full swing.The second chapter explains the overview of one-sided helpers.Begins with analysis of partial help make whether criminal or a new form of crime,and further discusses the legal nature of the one-sided help make,repudiated or affirm,different scholars have different point of view,the controversy is whether the between the two sides have a common point contact,when determine the one-sided to help make sense of,and gradually its constituent elements of four aspects,one is on the subject must meet two or more persons,2 it is subjective aspect mainly from the two dimensions of understanding factor and the will factor analysis,three is the object on the one-sided to help make the infringement of legal interests,Fourth,from the objective aspect,the one-sided helper has carried out the criminal act of secretly assisting others,so as to more accurately define the legal status of the one-sided helper.The third chapter discusses the criminal form of one-sided help.The criminal form of the one-sided helper is mainly analyzed from two aspects: the uncompleted form and the crimenumber form.In the aspect of incomplete form,it is explained from three levels: the preparatory form,the suspension form and the attempted form,and pay attention to distinguish the difference between the perpetrator and the perpetrator and its own characteristics.In terms of the form of crime number,by comparing the correlation between serial crime,associative crime,implicature crime and one-sided helper crime,this paper analyzes when the one-sided helper crime is established as a crime and when it should be investigated for criminal responsibility under special circumstances,so as to better identify the specific identification problems and the determination of crime number in practice.The fourth part is a one-sided thinking to help make mistakes in theory and practice.In theory and practice,this paper expounds the defects of the conviction,punishment basis and criminal responsibility of the one-sided helper,and discusses these problems in combination with the specific charges in practice,based on which specific countermeasures to solve the theoretical and practical problems of the one-sided helper are put forward.In short,the one-sided help for the affirmation is conducive to the continuous improvement of the accomplice identification theory,so that people have a deeper understanding of the concept of accomplices.The traditional model of accomplice theory has its own defects,and it is difficult to adapt to the judicial application practice.The existence of one-sided help criminals can break through the old theoretical thinking formula and provide more profound and clear theoretical guidance for the development of accomplice theory.