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One-sided Accomplice Affirmation

Posted on:2021-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2436330647953998Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the establishment and improvement of the socialist rule of law system,China's criminal legal system should keep pace with the times and make progress scientifically according to the needs of practice.Whether one-side accomplice which exists objectively and is difficult to determine the nature in juridical practice can be solved through the joint crime system is a controversial issue in the theoretical circle.Therefore,one-sided accomplice is necessary to be analyzed and studied in depth by theory of criminal law.This paper is divided into four parts.The summary of one-sided accomplice and the theoretical basis,practical needs,legislative provisions about positive theory of one-sided accomplice are discussed carefully and widely.The summary of one-sided accomplice in our criminal law is discussed in first chapter.The concept of the one-sided accomplice is introduced firstly in this chapter,and then this article discusses characteristics of the one-sided accomplice in terms of the subject,subjective aspect,objective aspect.At last,theoretical disputes in the field of criminal law in China is expounded by author.The second chapter discusses that the theory of one-sided accomplice is consistent with the principle of our country's joint crime.On the one hand,the author affirms the attribute of the joint crime of the one-sided accomplice,and analyzes the subject,subjective aspect,objective aspect and object elements contained in the constitution of the joint crime in China's criminal law system.It is concluded that the one-sided accomplice participates in the joint crime,conforms to the common subjective intention and objective behavior required by the joint crime,and is consistent with the basic theory of individual participating in the joint crime on the basis of subjective and objective consistency.On the other hand,there are four main categories of co-offenders: organization,abettor,helper and executor.The author analyzes and demonstrates the establishment scope of one-sided accomplice one byone in the above-mentioned scope,and draws the conclusion that one-sided accomplice and partial one-sided accomplice should be affirmed.The third chapter discusses the agreement of one-sided accomplice to our country's judicial practice.The author first demonstrates the necessity of one-sided accomplice theory to deal with one-sided accomplice cases in judicial practice from a positive perspective,and analyzes that it is impossible to properly deal with specific one-sided accomplice cases without the one-sided accomplice theory.Then,the author refutes the view that the theory of indirect principal offender can be used to solve the problem,and distinguishes the one-sided accomplice,direct principal offender and indirect principal offender whose behavior characteristics are similar and easily confused.The agreement of one-sided accomplice to criminal legislation in China is discussed in fourth part.The legislative basis of one-sided accomplice in China criminal legislation from an empirical perspective is enumerated by paper widely.Then,the fourth paragraph of article 198 of the criminal law is taken as an example to discusses the relationship between legal fiction and attention provision as well as the specific expression of this article,and draws the conclusion that this article should belong to the legal fiction provision of one-sided accomplice by author.Finally,other legal provisions of one-sided accomplices similar to the provisions of this article in China's criminal law by the article,such as the provisions of article 350(2)of the criminal law on the crime of manufacturing drugs as accomplices,and demonstrates the actual legal basis for the existence of one-sided accomplices in China's criminal legislation.
Keywords/Search Tags:the one-sided accomplice, joint crime, indirect guilt, the scope of establishment, legal fiction
PDF Full Text Request
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