A Study On The Determination Of Accomplice Breakaway

Common crime has always been called "the chapter of despair" by many scholars.From the establishment of the accomplice to the completion of the crime,the entire criminal process,due to the large number of people and the complex division of labor,may be part of the way to join,strengthen the criminal relationship,or someone may withdraw halfway,weakening the relationship.One of the more common situations in judicial practice —accomplice departure,has important theoretical and practical value because it is full of controversy.The accomplice's departure from the system stems from the suspension of the accomplice.The original intention of its establishment was the deficiencies in the theory of relief.However,as scholars continue to conduct in-depth research and discussion,they have gradually possessed independent legal qualities.Accomplice breaks away from the theory,encourages the perpetrator to stop the harmful behavior during the crime,and returns to the state of lawfulness in time.It has set up a "backward golden bridge" for the perpetrator,which has important research value.However,the reality is that China's research on the accomplice's disengagement system is still relatively lagging,and judicial practitioners have not paid enough attention to this.The opening chapter first introduces the difference between the legal character of accomplice departure and the suspension of accomplice,which has important theoretical value.However,in judicial practice,practitioners have little interest in accomplice detachment.The author uses "accomplice detachment" as a keyword and uses search engines to retrieve only 30 referee documents in the referee big data.Development has a long way to go.Then introduced several representative theories on the study of accomplice disengagement in the current theoretical field of criminal law.Whether it is the theory of accomplice relations,the theory of attempted barriers,the cut off of causality,or the dissolution of accomplice relations.There are pros and cons,but the author believes that "cutting the cause and effect relationship" is more convincing.The core issue of the "accomplice departure theory" is to determine the establishment criteria of the accomplice departure,and to discuss the conditions of the accomplice departurefrom three dimensions.(1)Space-time requirements.The accomplice departure can occur at any stage during the existence of the accomplice relationship,because of different periods The detached person 's contribution to the entire criminal process in accomplices is different,and the judgment criteria for detachment are also different;(2)Subjective requirements,the detached person needs to convey the wishes of detachment to other accomplice participants in a certain way,and for other accomplices People know;(3)Objective requirements,those who break away need to implement certain breakaway behaviors and make certain efforts to prevent the outcome of crimes.However,in an accomplice relationship,actors who play different roles exert different influences on the progress of the crime.When the offender,the abettor,and the help offender specifically leave,they have different requirements.Therefore,after discussing the general judgment standard of the accomplice's disengagement,the disengagement determination of the specific accomplice relationship is introduced in detail,with a view to encountering similar situations in judicial practice,which can treat the disengagers differently and embody the criminal law's principle of balanced crime.