Successive Complicity:Difficulties And Discrimination

The subject of the accomplice inherited is the occasion after the execution of the crime by the first actor,and before the end of the actor,the actor commits the accomplice in the liaison with the actor.What conditions do you need to meet?After the first actor has implemented a part of the practice,after the actor has joined in to implement the new criminal act,is the joint criminal being established as a whole crime?In what extent does the post-actor bear the guilt of being an accomplice(a common criminal or a helper)?The idea of solving this problem in this paper is:The first part puts forward the problem of the inheritance of the common criminal,and then clarifies the criminal structure of the accomplice,and clarifies at what point in time,the last accomplice can establish the accomplice of inheritance,what kind of actor needs to have subjective and objective elements.The scope of the accomplice of the accomplice in inheritance can be divided into three types of viewpoints.It is necessary to explain in detail in the commentary of the doctrine the extent to which the actor is responsible for the accomplice(common criminal or helper)and analyzes the rationality of the basis.The second part searches the collation and analysis of the existing doctrines and jurisprudence of Germany,Japan and China,takes care of the difficult problems in the field of accomplice in the inheritance.On this issue,the doctrine is mainly divided into four aspects:affirmative,intermediate(limited inheritance),negative and dualistic.The"negative statement" is most in line with the logical deduction of the guilty causality,but does not take into account the necessity of punishment for the post-actor;"affirmatively"breaks the "integration of the common crime" and "the indivisibility of the sin" as a reason The principle of common crime attribution,"crime is common,responsibility is individual",shakes the foundation of causal accomplice theory,and has major flaws in logic.The middle of the effort seeks to break through the basic issues of the accomplice of succession from the offense and causality--"active use of the theory" and " inheritance negation " to try to explain that the behavior of the former actor and the behavior of the former actor are equivalent to the common criminal To achieve crime,the "overall evaluation theory","moderate causality theory" and "main legal benefit theory" focus on the causal relationship between the perpetrator and the overall crime outcome.Although there are some unsatisfactory points,they are all inherited.The research on the theory of accomplice has contributed.In addition,the "dualistic theory" of common offenders and helpers in the case of accomplice in distinguishing achievements is particularly applicable to the current judicial practice in China.In the part of the jurisprudence,it is necessary to reflect on the Chinese judgment in comparison with the Japanese judgment,because the accomplice inherited is not a theoretically created problem,but a problem that cannot be avoided in practice.How to in make a good solution the Chinese legal context to the problem of inheriting accomplices has also become the proper meaning of the topic.The third part is to reaffirm the punishment basis and accomplice causality of the accomplice as the basis of the problem research through the accomplice theory of the system,and once again clearly deny the comprehensive inheritance view based on the common theory of crime,and also point out the theory of causal accomplice The logic embodied in the issue of the inherited principal offense is not self-consistent.Based on this,the author puts forward the viewpoint of this paper:according to the establishment of the criminal law network and the "single system" accomplice system in our country,we discuss the establishment of the accomplice in the specific crime type,and draw it under the five specific crime types.The point of view is the conclusion of this article on the Chinese issue of inheriting accomplices.