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Research On The Principal Offender Transformed From Accomplice Act

Posted on:2021-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ChenFull Text:PDF
GTID:2416330605969025Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the traditional theory of Joint Crime,the harmfulness of accomplice is less than and relied on the principal offender.However,with the development and change of society,many accomplices have the harmfulness of surpassing the principal.In our country,legislation on the principal offender transformed from accomplice act appears to deal with this problem.This legislative mode elevates the accomplice act into the practice act,which can be regarded as the independent criminal punishment of the principal offender.In fact,it is the criminalization of the act that expands the criminal circle,which is obviously different from the criminal mode of the accomplice of the replying on principal offender,and opens a new path for the criminalization of the accomplice act,thus causing great controversy.This paper will comprehensively examine the legislation of the principal offender transformed from accomplice act,and explore its realization from the perspective of motivation and basis.Except foreword and conclusion,the paper is divided into following four chapters:The first chapter is the general investigation of the principal offender transformed from accomplice act.First of all,it defines the legislation mode as a whole,and defines its theoretical connotation and the discussion scope of this paper.The definition of "accomplice act" agrees with the broad view that the ACTS of aiding and abetting others to commit crimes are all "accomplice ACTS",including the legislation that only makes the accomplice act a crime without the crime stipulated by the criminal law.In the connotation of " the principal offender transformed from accomplice act " does not require the establishment of new charges.The second is the legislative investigation,which not only summarizes the general situation of the legislation in Germany,France,Japan and other civil law countries,but also makes a comprehensive analysis of the relevant legislation in China,and analyzes the characteristics from the legislative evolution,legislative field and specific content of legislation.Finally,the analysis of the types of the principal offender transformed from accomplice act.Firstly,to sorts out the dispute between the theory of the independent legislation mode and the distinction theory of the subordinate coexistence of the independent legislation mode of the accomplice as the general theory,and then indicates the position of the theory of the independent legislation mode of the accomplice as the paper.The second chapter,the cause analysis of the principal offender transformed from accomplice act.In terms of theoretical causes,the joint crime system of China attribute to the distinguished one which distinguishes the accomplice from the principal,and adopts the dual classification system of division of labor and function.Under this system,the theoretical rationality of subordination and restriction subordination is affirmed,but it cannot respond to the requirement of advance defense in the risk society,nor can it respond to the imputation of accomplice whose danger exceeds the principal.In terms of legislative motivation,there are accomplice act in modern society that are harmful and independent of the principal offender,and the criminalization of such behaviors is the direct cause for the legislation,and the fundamental cause is the early,severe and enlarged requirements of the criminal penalty in the context of risk society.In terms of judicial motivation,the first is the requirement of making it convenient to convict and measure punishment in judicial proceedings,and the second is the legislative form of eliminating the disadvantages of the "trial operation" of the principal offender transformed from accomplice act.The third chapter is the justification of the principal offender transformed from accomplice act.In the aspect of the criminal dogmatics,the concept of dual principal offender with no value and limitation provides the justification for the legislation of principal offender.In terms of criminal policy,the legislation of accomplice principal crime conforms to the background of risk society and responds to the positive general prevention theory.In terms of legislative concept,expanding the legislation of principal offense in crime circle is conducive to the transformation of China's criminal law structure from "severe but not severe" to "severe but not severe".The fourth chapter is the principle,path and limit.In order to deter the concerns about enlarging the range of punishment and Implement the modesty of criminal law,firstly we has been clear about the accomplice act crime legislative limitation and complementary principle,the principle of complementary reflected in as use of other means of social governance of the criminal law on the complementary,also reflected in as accomplice independence into sin on the complementary of accomplice affiliate into sin.Under the guidance of these principles,the path of accomplice act crime,it applies only if the dependency accomplice imputation model to implement,for this you need to implement the system of double distinguish system of accomplice,promote accumulation of limit properties and acknowledge the accomplice and the approval of the one-sided accomplice can be fined,so most of the accomplice can path dependency accomplice imputation.Under this premise,the legislative standard of accomplice act is seriously endangers the major legal interests,and the legal penalty standard is the lightening of criminal law,emphasizing the role of qualification penalty and fine penalty.In terms of the applicable limits of the principal offense of complicity,the first is to strictly explain the behavior of constitutive elements,avoiding the improper expansion of the punishment scope and rationalize the applicable logic between different crimes through the same kind of interpretation and restricted interpretation.The second is the legislation of principal offense which has strict incrimination conditions,and takes the accomplice subordination as the reference element of illegality judgment.The third is to carefully deal with the neutrality helping behavior and the incrimination of indirect accomplice which may result from the legislation of principal offender.
Keywords/Search Tags:Accomplice act, Principal offender, Joint crime, Restricted subordination
PDF Full Text Request
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