On The Separation Of The Accomplice Relationship

From the theory of complicity,as was put forward by Japanese criminal law educational world,its aim is to make up for the inadequacy of joint crime in current criminal law theory relations,mainly to solve if there is a part of the joint crime in joint crime come forward said from other criminal crime,and also suspended their crimes,but failed to stop the completed crime with other criminal cases.According to the current theory of criminal law,the judicial organs should deal with this situation in accordance with the principle of partial implementation and full responsibility.Even if some criminal from the relationship between the original joint crime,if the harm of criminal law as a result,the out of joint crime person also will be with one's responsibility,it obviously inconsistent with fit for the principle of criminal law,is not conducive to achieve the purpose of general prevention and special prevention of criminal law.Therefore,in the theoretical circles,the theory of the disconnection of complicity is proposed.However,this theory is controversial,such as accomplice relationship from the constitutive requirements of accomplice detachment after the person should undertake what kind of criminal responsibility,the relationship between the accomplice from the relationship between the suspension of joint crime.Although in theory in order to solve this problem still exist many disputes,but there is no doubt that if the accomplice relationship from this theory is established,will open a door for criminal sincerely repent,will also encourage some of joint-crime implementation from the behavior of the complicity,the purpose of crime prevention on real policy implementation situation,and really realize the principle of appropriate to this crime punishment.Firstly,this paper gives a brief introduction to the theory of disengagement of complicity.In the overview introduces the meaning of complicity in the theoreticalcircle and its related features,also combining with the reality of a case analysis and joint crime exists out of situations,but the referee doesn't adapt to the results of the relevant situation.Since the disconnection of complicity is similar to the suspension of joint crime,the differences of the two are also briefly introduced in this section.Secondly,in this paper,the complicity out of necessity and rationality of this theory has carried on the corresponding analysis,mainly from the development of the basic principles of criminal law,criminal law,the purpose of criminal law and judicial practice problems existing in the process of analysis of the necessity and rationality.Thirdly,this paper analyzes the identification of the accomplice disengagement,and analyzes it mainly from the automatic,the effectiveness and the objectivity.The article mainly introduces several theories of Japan,and by comparing its advantages and disadvantages,it can obtain the reasonable identification theory of China's disengagement from the complicity.Fourthly,the article analyzes the responsibility of the disengagement of the accomplice,and divides it into the non-assumption of responsibility,partial responsibility and the discussion of the sentencing plot.Finally,this paper also analyzes the significance of the theory of the disengagement of the complicity in China.