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A Study On The Separation Of Accomplice Relationship

Posted on:2020-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:S C WangFull Text:PDF
GTID:2436330596971100Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the Japanese scholar Professor Da Renren put forward the concept of "combination from accomplice",this theory has caused extensive discussion in the academic world.The accomplice detachment theory was originally proposed to relieve the deficiencies of the accomplice,and gradually developed its own independent character with continuous development,revision and improvement.Because China's research on the system of accomplice separation is relatively lagging behind,it still stays at the stage of introducing foreign theory.In the judicial practice,such cases can only be punished in the framework of the existing criminal law system,in accordance with the principle of “all partial responsibility,one person,and all others”,that is,all accomplices must bear the results.Responsibility.For a situation that is detached from an accomplice but does not constitute a criminal suspension,it is considered only as a discretionary sentencing episode.The traditional theory of accomplice is not only not conducive to differentiation and disintegration of the accomplice,but will make the accomplices take risks because of the lack of retreat,which is not conducive to the protection of legal interests.Based on the criminal policy considerations for the“returning golden bridge”that returns to the lawful side,it is beneficial to divide the accomplice separation system outside the accomplice and the leniency of the accomplice.Disintegrating the accomplice,prompting the perpetrators to "get lost",and at the same time enable the co-prisoners to actively stop their criminal behaviors while instinct to continue to commit crimes,thereby reducing the subjective malignancy and social harm of their behavior.In the joint crime,it seems that the accomplices are separated from the accomplices.It seems that there has been consensus in both the academic and practical circles.However,China still lacks the sentencing standards for accomplices.Therefore,based on the existing foreign theories,it is necessary to establish an accomplice separation theory in line with China's judicial practice.The article takes the "standardized causality cut-off theory" as the benchmark,uses inductive reasoning and deductive reasoning,analyzes the disengagement of the accomplice under different stages,forms,division of labor and role,and finally further evaluates the effect of separation and responsibility.Attribution.The article isdivided into seven parts.The first part is the introduction.It mainly introduces the research background,significance,purpose and method of the article,and systematically reviews the relevant literature review on the theory of accomplice separation.The second part mainly describes the accomplice.The concept of separation,the evolution and the relationship with the accomplice suspension;the third part uses the comparative study method,by comparing the subjective and objective conditions of the accomplice separation and the conditions for the separation of the accomplices at home and abroad,and finally draws a relatively pertinent conclusion;The four parts focus on the main types of accomplices and the stages of their occurrence,and explain in detail the conditions for the establishment of accomplices and the attribution of responsibilities.The fifth part focuses on the three different punishment methods for accomplices.The sixth part is from the accomplice.The theoretical value and practical significance of the system demonstrate the necessity of establishing the system of accomplice separation in our country.The seventh part provides an institutional basis for the construction of the accomplice in China by comparing and analyzing the legislative styles of the United States,France and Germany.Guidelines.
Keywords/Search Tags:joint crime, accomplice separation, criminal suspension, punishment principle
PDF Full Text Request
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