Study On The Right Of Criminal Responsibility Of The Inherited Accomplice

Whether the successor accomplice exists or not has always been a controversial issue in academic circles,among which,the essence of this dispute is the different views on the identification of the criminal responsibility of the later actor in the successor accomplice.The cases of inheriting accomplice in practice have been common,but there is a lack of systematic and in-depth research in the criminal law field of our country,so that the conviction and sentencing of inheriting accomplice in practice lack of theoretical basis.Whether the successor accomplice exists or not is not only related to the conviction of the joint crime,but also related to the sentencing of the joint criminal.Different theories applied to a case will lead to completely different conclusions,which are related to the vital interests of each co-convict.Therefore,our further discussion on the successor accomplice can not only enrich the theory of our country's accomplice but also provide theoretical basis for the cases of the successor accomplice in practice and solve the problem of conviction and sentencing of the successor accomplice in practice.In this paper,using literature study and comparative research,mainly through further the accomplice of Germany and Japan,the study of the theory of the analysis,combined with the practice situation in our country,clear further the accomplice criminal responsibility research,hope to help further the accomplice criminal responsibility allocation in our country,this paper mainly from three parts: the first is an overview of inheritances accomplice,mainly explains the current academic circles to further the accomplice of definition,characteristics,classification and basic problems,such as the scope for further the accomplice to make the system,this paper explicitly inherit accomplice and the difference between general accomplice,accurately defined the scope and concept of inheritances accomplice;Secondly,the theoretical analysis and argumentation of the criminal responsibility of the successor accomplice mainly analyzes the different theories of the distribution of criminal responsibility of the successor accomplice at home and abroad.Starting from the basic theory of joint crime,the principle of criminal responsibility of the later actor in the successor accomplice is proposed.Finally,it analyzes the criminal responsibility of the successor accomplice in several common crimes,and mainly explains the criminal responsibility of the successor accomplice in different types of crimes.