As a part of the theory system of accomplice,the theory of inheriting accomplice has its own theoretical characteristics and difficulties on the basis of characteristics of traditional joint crime.Taking the time of the successors' intervention as the dividing point,the successors and the inheritors after the intervention fully meet the requirements of common joint crime in appearance,while the pre-intervention behavior is planned and implemented by the inheritors alone.As far as the former act is concerned,whether the inheritor and the inheritor should share the responsibility of joint crime has always been the focus of this theory.Thus formed the dispute between positive and negative,and gradually evolved the "revised positive","revised negative" and other intermediate theories.Starting from the theoretical origin,the author believes that as a part of the accomplice system,we should stick to the conclusion of the negativism in both the nature of the accomplice and its punishment basis.On this basis,relevant cases at home and abroad are studied,and the appropriateness of negativism in the process of judicial application is demonstrated in combination with the reality.This paper is divided into four parts:The first part is the definition and theory of the succession of the accomplice,the definition of the succession of the accomplice,mainly introduces the basic concept of the succession of the accomplice,the establishment conditions and the establishment of the corresponding premise: Inherit the accomplice refers to the first man is alreadyplanning and implementation of part a,after the act before the end of the implementation of behavior intervention,and obtain the means of communication and is complete or by the actor after alone the rest of the circumstances of the crime,as a special form of accomplice,the successors of the accomplice should conform to the general joint crime of subjective and objective conditions,in spite of the inheritances of whether there exists a willing accomplice theory theory,but it doesn't mean completely denying this concept,but a negative after walkers "heavy duty".Then inherit the theory of accomplice is introduced,mainly including KenDingLun,correction KenDingLun,negativism,negativism and other four kinds of theories,KenDingLun from "an integral sex" and "use" bear the responsibility should be based on the first argument after walkers,and denial from the Angle of behavior common said,causal theory of accomplice to demonstrate the walkers don't need to take first responsibility for it.The revisionist theory,based on the need of appropriateness,sets the exceptional cases on the basis of the original "yes or no" theory.The second part is the investigation of the theory of successive accomplice,expounding the inadequacy of the affirmative theory,the positive theory of correction and the negative theory of correction.At the same time,it also reflects on the shortcomings of the existing negative theory: that is,there may be degrading evaluation in the judicial judgment,which is easy to lead to the consequences of indulging the doer's crime.The third part is the confirmation of the theoretical basis of the negativism.The theoretical root of the inherited accomplice is a special case of joint crime in nature,so it should be consistent with the theory of the accomplice and the theory of punishment.From the nature of accomplice,the author supports the theory of joint behavior.In the successive accomplice,there is no doubt about the responsibility of the later one in the first stage when there is no common behavior.At the same time,from the standpoint of the punishment of the accomplice of the theory of cause and effect,the latter should not be responsible for the behavior of the earlier stage without any causal force,thus affirming the legitimacy of the negativism in the theoretical basis.The fourth part is the typing of negativism,first must inherit in a single behavior made the existence of an accomplice,then a single behavior crime and compound behavior crime discussed respectively,and in case of a single act committed position,after the denial is not totally deny walker,endangering the responsibility of the result,but if the harm result completely by perpetrators before and after the walker was not to further promote the harmful consequences,then after that walker attempted liability may be;Composite behavior should also be comprehensive intervention time make situation and actual violations to considerations,against walker's "money" and so on in the behavior,if combined with its intervention in time,can be regarded as has the dual threats and abuse of property and personal,so can form the same charges with pioneer,but that does not bear liability for pioneer before,but bear liability for their intervention.This proves the appropriateness of the conclusion of the application of negativism in judicial adjudication.No matter from the academic basis or the practical application,the negative theory has deep theoretical basis and applicable space in the succession of accomplice.Therefore,the author advocates the inheriting accomplice's negation theory,and also hopes to develop a more mature theory of inheriting accomplice in the debate between affirmative theory and negation theory. |