Research On The Crime Responsibility Of Accomplice Disengagement

Accomplice disengagement refers to the situation in which some actors withdraw from the accomplice relationship after the accomplice relationship is formed,so that they do not bear legal responsibility for the criminal results caused by other actors after withdrawal.Accomplice breakaway is an important concept in the civil law system and was first proposed by Japanese scholar Otsuka Ren.It was originally proposed to make up for the shortcomings of the suspension,and gradually developed into a theory with independent character.China’s "Criminal Law" does not provide for the separation of accomplices.In judicial practice,a part of the perpetrators of joint crimes automatically abandons the joint crimes for a variety of reasons,and takes active actions to resolve the relationship between the accomplices and prevent the occurrence of crimes.A large number of phenomena exist.In principle,this part of the perpetrator bears full responsibility for the results of all crimes before and after the disengagement,and the disengagement can only be used as a sentencing scenario that reduces the punishment.This may lead to a disconnection between criminal law theory and practice,and improperly expand the discretion of judges.The introduction of accomplice departure theory has pointed out the direction for this dilemma.First of all,as an important part of the theory of joint crime,accomplice disengagement is closely connected with the theories of the nature of accomplice,crime cessation form,causality,and personal responsibility.It should be noted that it should not be confused with related issues such as suspension of crime and attempted crime.Independent nature.Taking "the theory of easing the causation of causality" as the theoretical benchmark for the accomplice’s departure from the identification standard,the research focuses on the cutoff of physical and psychological causality,and the severance and causality of the cutoff are considered in a comparable and normative manner.Although many doctrines have been formed in terms of the separation of accomplices,no matter what the controversy is,they cannot do without analysis and consideration of the various situations of different accomplices at different stages.Therefore,the author takes the issues of time and space standards,objective standards,and subjectivity into consideration.On the basis of this,we will conduct a comprehensive contest against joint principal offenders,abettors,and assisted offenders.Defining the responsibility of those who break away is the most important thing to discuss the accomplice breakaway.Whether the offender establishes an attempted offense or a suspension offense in law,and bear the criminal responsibility of mitigation or exemption should be defined by situation and stage.This article is based on existing theories and theories at home and abroad.Through the use of literature research methods,comparative analysis methods,case study methods and other research methods,in addition to demonstrating the rationality of the departure of the concept of accomplice,and the necessity of introducing this concept into our country,in-depth Analyze the standards for the determination of the disengagement behavior and the criminal responsibility of the disengagement agent,with a view to strengthening the important role of criminal law theory in maintaining social fairness and justice.This article is divided into three parts: introduction,body,and conclusion.The body is divided into four chapters:The first chapter “Basic theory of accomplice detachment” mainly introduces the author’s basic position on the basic theory on which accomplice detachment is based,that is,the theory of common behavior and the theory of causality.On this basis,the concept of accomplice detachment was introduced.The second chapter,“The Criteria for the Identification of Accomplice Disengagement”,introduces and analyzes the relevant theories,and puts forward its own views on the occurrence stage,objective conditions,and subjective aspects of accomplice disengagement.The third chapter “Identification of accomplices’ disengagement in specific crimes”analyzes and discusses the specific types of disengagement of joint crimes based on the point in time when accomplices’ disengagement occurred and the status and role of the actor in the crime.The fourth chapter,“Responsibility for accomplices’ detachment”,after determining the criteria for accomplices’ responsibilities for criminal responsibilities for accomplices’ offenses in stages,that is,lenient penalties shall be applied in accordance with the punishment standards of the offenders.