Research On Perpestrator Transformed From Accomplice

The accomplice is being committed,which means that the criminal law provisions directly stipulate certain accomplice acts as the offender and set up an independent statutory penalty.As a legislative phenomenon,it is premised on the system of distinction between accomplices and accomplices.Although the legislative style of joint crimes in China does not adopt the basic concepts of principal offenses and accomplices,it is also essentially a system of criminals and accomplices.The theoretical interpretation of the accomplice's criminalization should be based on the relationship between the accomplice and the principal,including the punishment basis of the accomplice,the legal nature of the accomplice and the legitimacy of the accomplice.The illegality of advocating accomplice is both coherent and acknowledging that the existence of a relative mixture makes it more reasonable.Restricting the subordination is a more appropriate doctrine that fits the legal nature of the accomplice.The justification of the accomplice is to make up for the loopholes in criminal law punishment,to realize the early punishment of criminal law punishment,to adapt to the needs of social changes,and to maximize the protection of legal benefits.In theory,the type of accomplice should be turned into three types: the complete accomplice is committed,the part of the accomplice is committed,and the false accomplice is committed.In the actual law,there are still problems such as system logic conflict,unbalanced sentencing setting and lack of clarity in the legislation of accomplice in China.This needs to be further improved.