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Research On The Withdrawal From Complicity

Posted on:2021-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:H M LiuFull Text:PDF
GTID:2416330605469013Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Based on the original intention of making up for the deficiency of the theory of discontinuation of complicity,the theory of withdrawal from complicity was first put forward by the Japanese criminal law academic circle,but up to now,the content involved in it has not been fully contained by the theory of discontinuation of complicity.At the same time,the dilemma of "localization" of the theory of separation of accomplice in our country also causes the confusion of dealing with relevant cases in the real justice:those accomplices who have made "sincere efforts" to prevent the remaining accomplices from continuing to commit criminal acts or for the occurrence of criminal results are often regarded as accomplished because they fail to meet the"effectiveness" standard of suspension,which is obviously too strict,There is also a mismatch in "crime,responsibility and punishment".Therefore,it is necessary to build an independent theory of withdrawal from complicity:on the one hand,it can maintain the general theory of discontinuation of complicity.of criminal responsibility,on the other hand,it can relatively properly identify the criminal responsibility of withdrawal from complicity,further accelerate the division and disintegration of accomplice relationship,and protect legal interests from infringement.First of all,this paper starts with the relevant classic cases,and expounds the judicial dilemma caused by the current void of the discontinuation of complicity.system in China,and compares the legislative structure of the relevant systems in China with Japan,which first proposed the concept of separation,and further proposes that it is necessary to carry out the "localization" discussion around the independent separation theory in China.Secondly,the first thing to be clear about the construction of independent theory of separation is its theoretical positioning.This paper summarizes the theoretical positioning of separation through the theoretical circles of separation and suspension of accomplice,and further analyzes the relationship between separation and suspension of accomplice.For the construction of breaking away from the standard,the theory of causal accomplice,as the basis of accomplice punishment,provides an effective thinking path.,Combined with the development of relevant existing theories and separation theories of civil law system and common law system in China,we can see that the theory of "cut-off of causality" has become a powerful theory about separation from standards,but it also gradually exposes many problems in specific application.It is difficult to form a unified standard on how to judge whether the "causality is cut off"or not.At the same time,for some helpers who provide criminal information,teach criminal methods,or produce psychological causality assistance,it is actually difficult to completely eliminate the existing application dilemma of "causality".Therefore,this paper focuses on the core issue of the judgment standard of the separation of accomplice,and constructs the corresponding cut-off standard from the two aspects of"physical causality" and "psychological causality".At the same time,it infiltrates the value position of the normative evaluation level into the above two aspects to ease the cut-off standard of causality and further clarify the feasibility of "normative judgment" At the same time,combined with the special time points in the separation of accomplice,fine-tuning the separation standard before and after starting is carried out in stages.At last,the applicability of the judgment standard of the separation of accomplice proposed in this paper is further tested based on typical cases.For the legislative construction of the separation of accomplice,the first thing to be clear is the development space of the independent separation system in China.At the same time,the corresponding legislative ideas are put forward in order to promote the progress of criminal law theory and provide reference for solving specific problems in judicial practice Test.
Keywords/Search Tags:Withdrawal from complicity, Confirmed standards, The causal relationship between interrupting theory, Discontinuation of complicity
PDF Full Text Request
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