The Criminal Liability Of Unilateral Abettor

The theory of unilateral abettor is derived from the context of the accomplice of the criminal law of Germany and Japan.Since the establishment of the crime of criminal activity of information cybercrime,the criminal law community has been continually discussing the unilateral help.Although both legislation and the judiciary have confirmed the substantive status of unilateral abettor,the path of imputation is still not clear,and the specific identification of unilateral abettor is difficult in our judicial practice.This paper believes that the system of distinguishing accomplices is an inevitable path choice for unilateral help.The essence of accomplice is the limitation of objectivity from the combination of objectivism and subjective elements.Standing on the standpoint of non-valuable results,we should pay attention to and emphasize the systematic and deliberate system of criminal legislation in our country.In the context of maintaining the deliberate element of responsibility,we will take the intentional form as the illegal premise in joint crimes,treating the intentional content as the responsibility element in the joint crime.Although the ways of imputation of accomplices in Anglo-American Criminal Law are significantly different from those in German and Japanese Criminal Law,it can be considered that the accomplice system in Anglo-American Criminal Law is a manifestation of the system of differentiated accomplices,because the connotative logic of the system of accomplices in Anglo-American Criminal Law is highly consistent with that of the system of differentiated accomplices.Therefore,we can absolutely draw lessons from the treatment of criminal responsibility of "potential accomplice" in American criminal law,emphasizing unilateral help intent,weakening the causal relationship between one-sided help behavior and infringement of legal interests.The presumptive causality is the basis of one-sided assistant offender's illegality determination,and the deliberate promotion of will is the basis of unilateral abettor's liability determination,which provides a new way of thinking for the current predicament of imputation of unilateral abettor in our country.