On The Orientation Of Chinese Accomplice System

It has been arguing a long time about the thesis which accomplice system should be adopted in our country,single function system or distinction system,both them has formed a relatively complete system of explanation.Now,distinction system occupies the mainstream status.However,the system is not suitable for explaining the regulations of our Criminal,and it's also difficult to cope with the new cybercrime.The legislative phenomenon of assistant being to executor in cybercrime area is generated from distinction system.It is a breakthrough of the existing theoretical form,which raises the question whether the system can provide reliable theoretical support for the regulation of crime.From the point of view of the problem,it is necessary to review the compatibility between the system and the provisions of the criminal law of our country,and to carry on the research on the ownership level of the accomplice system.The thesis is based on the above thinking order,and is divided into four parts.Firstly,the basic disputes of the ownership of the common criminal system in China are sorted out,and the following discussion is prepared;Secondly,the author discusses the causes of assisting breaks down the system,pointing out the problem of the explanation of the phenomenon.Thirdly,it examines the basic principles of thesystem of the system of complicity,discussing the contradictions in the interpretation of the common criminal rules in our country.Finally,after the original source is clear,it is pointed out that the system of accomplice in our country should belong to a single criminal system and explain the specific reasons.The first chapter,the academic disputes on accomplice system.Accomplice system is a theoretical model abstracted from the legislation of common crime,which is built on the core of the crime.As the starting point of the dispute of the accomplice system,the concept of single principal offender should be regarded as the principal offender of the constitutive requirement,which can be derived from the system of system.The restriction of the concept of the crime of the criminal law is regarded as the main crime of constitutive elements,and the system of discrimination is derived.The two different types of disputes provide a basic discussion field for the debate of China's complicity system.In the face of our common crime legislation system of single crime and crime,explain accomplice to distinguish system,how to establish a joint crime legislation in our country,also suit to recognize the theoretical model of joint crime,has its special meaning.It is necessary for an in-depth study.The second chapter,the problem of distinction system on interpreting the assistance.When traditional crime transferred to network space,cyber assisting has three kind of alienation phenomenon.The network technology implementation,function help to act unilaterally,help object is not specific,this phenomenon breaks down distinction system from three aspects: criminal intent biphasic,helping behavior function property and illegal collateral.Ordering to maintain the integrity and stability of the system,and to solve the problem properly,scholars can improve the system of the system of complicity in the interpretation of different paths from different paths.Essence distinguish system advocates the accomplice independence,placing it under the distinguish system will be the basic position.In the form of system,the minimum subordinate attribute is adopted,but it takes the time to set up the foundation of the accomplice from the property,and the result makes the system of distinction and function identical.The third chapter,reviewing and reflecting the defects of the system.Assistingcrime phenomenon is only a gap to break distinction system,and from our accomplice theory foundation to the provisions of the detailed explanation.Theory foundation level,restrictions on crime is not the same as direct implementation of the specific provisions of criminal law constitutive requirements behavior person,because that crimes of the specific provisions of criminal law norms can be violated in numbers of ways,and the limiting concept of crime as the logical starting point to build the distinguish system,is difficult to truly solve the problem.To insist that accomplices from property is not equal to punishable borrowing,this principle requires legislative normative support to take effect.Distinction system will be different concepts on the essence,with the meaning and their respective legal forms of distinguish system advocated by the division,and is not established.The decisive factor behind the subordination principle is still the accomplice.In a word,it is not desirable to distinguish the system of complicity.The fourth chapter,the accomplice system can be summed up as single function system.On the basis of analysis,it is considered that single function system is a suitable choice.In this paper,we conclude that single function system is an advisable theoretical model from the two levels of conviction and sentencing.Convicting should be judged by two processes,all participants should be imposed on via causation judgment results,but whether be punished by Criminal law is another thing,and it should be judged under the guidance of purpose;Sentencing would comprehensively consider the form of participation in the offender's contribution to the realization of constitutive requirements results risk of force size,behavior and culpability elements,and other plot.In addition,Single function system is consistent with the rules of Criminal,and could be proved from many aspects,In conclusion,our country's accomplice system belongs to Single function system.