On The Establishment Of The Accomplice Relationship In China

The accomplice is from the discussion of the suspension of the accomplice.In the joint crimes,some of the accomplices in order to break away from the accomplice relationship,renounced the criminal act in the process of crime,and took active measures to prevent other accomplices from continuing to commit crimes,but ultimately failed to effectively prevent the crime results.In this case,how to evaluate the exit behavior of the detached person and its legal responsibility becomes the key.Most countries do not have clear legal provisions for this,and generally judge according to the conditions for the suspension of crimes.However,the joint crime is different from the individual crime,and it is difficult to achieve the condition of effectively preventing the crime.Therefore,there are few cases in the judicial practice for the establishment of the accomplice to the accomplice,and most of them are identified as the principle of "one person is both swearing and all swearing".The crime is both wrong.However,it is clear that such indiscriminate identification of the detached person and the remaining accomplices as accomplices is not conducive to encouraging criminals to renounce crimes in a timely manner,reducing the violation of legal interests,and is not conducive to the implementation of the basic principles of criminal responsibility and punishment and the criminality of lenient and strict policy.On the other hand,although the accomplice breaks out from the problem of accomplice,it is not the same thing.The accomplice is an objective existence,and the accomplice is a form of imputation.There are other forms of accomplice.The blindness of the accomplice is limited to the framework of the accomplice suspension,and the conviction of the accomplice is determined by the conditions for the accomplice to suspend.This is to confuse the boundaries between the two,and is not conducive to clarifying the responsibilities of the detached and safeguarding the rights and interests ofthe detached.Therefore,this article will independently study the issue of accomplice separation,analyze and compare the views and theories of relevant scholars at home and abroad,analyze the conditions for the establishment of accomplice and the specific criminal penalties,in order to reasonably measure the law of the detached person.Responsibility to protect social justice and justice.In addition to the final chapter,the paper will discuss the following five aspects:The first chapter,the question is raised.By analyzing the dilemma of the current suspension of the joint crime in China,it points out that the current responsibility of the detached person has the disadvantage of inappropriate and unbalanced.Therefore,studying the theory of accomplices is of great significance and value to our judicial practice.Based on the maturity of Japanese research on the accomplice,the paper will mainly compare and analyze from the perspective of Chinese and Japanese legal theory.The second chapter is about the theory and evaluation of the accomplice separation criteria.This chapter will first explain some of the scholars' views on the accomplice detachment and evaluate it.Since there is no systematic theoretical viewpoint on the accomplice detachment in China,we will focus on the analysis and analysis of several theories on the accomplice separation criteria in Japanese criminal law.Discuss and then present his own doctrine and views supported by the accomplice's separation criteria.The third chapter is the criteria for determining the accomplice.According to the author's analysis of the theory of judging the accomplice from the standard,the author proposes the establishment of the general elements of the accomplice relationship,mainly from the subjective and objective aspects,and focuses on the disputes.The fourth chapter is the private opinion of the accomplice from the conditions for the establishment of specific types.According to the classification of accomplices in our country,we further specificize the requirements for the separation of accomplices by different types of offenders in the accomplice relationship,and discuss the two situations before and after the implementation.The fifth chapter is the legal responsibility for the accomplice.There are basically three forms of responsibility for the punishment of the detached person.On the basis of analyzing the above forms of responsibility,according to the different situations of accomplice,the subjective and objective factors and specific situations of the actor are considered comprehensively,and the legal responsibilities after the accomplice is separated are discussed,in order to help solve the problem.