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Study On The Problem Of Withdrawing From The Complicity

Posted on:2022-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:K L GaoFull Text:PDF
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The original intention of the theory of accomplice disengagement is to solve the problem of the criminal responsibility of accomplice participants who stop their own criminal behavior,and to make up for the deficiency of accomplice discontinuation,it has become a responsibility attribution theory with independent value.In essence,the theory of accomplice disengagement admits that the result of joint crime cannot be attributed to the behavior of the accomplice participant who has no causal relationship with it belongs to the theory of imputation.It should not be regarded as one of the cessation forms of joint crime,because the cessation of crime is about the problem of the punishment of the crime.and the attribution of responsibility is not the same level of the problem.At present,the academic circles have not formed a unified understanding of the judgment criteria of accomplice disengagement,and various theories are complicated,which is not conducive to the development of the theory of accomplice disengagement,and can not provide theoretical guidance for criminal justice.Therefore,both theoretical and practical circles are in urgent need of a unified and perfect accomplice divorced from the theory.Based on this,in order to solve the above problems,it is necessary to clarify the development of the theory of accomplice disengagement,analyze its essence,and deeply analyze the theory of accomplice disengagement.There are nearly 36,000 words in this paper,including five chapters in addition to the introduction and conclusion.Chapter one mainly clarifies the origin and development of the theory of accomplice's separation,and discusses and analyzes its independent value.The theory of accomplice disengagement originated from the relief of accomplice discontinuance and then became the theory of liability attribution.Causality disconnection theory becomes the mainstream theory of accomplice disengagement.What kind of theory should be adopted as the theoretical support of accomplice disengagement depends on the orientation of accomplice disengagement.The independent value of the theory of accomplice disengagement lies in that the theory of accomplice disengagement is about the identification of the attribution of crime results,and the imputation theory goes deep into the relationship between accomplices and carries out the principle of individual responsibility in joint crimes.The second chapter mainly discusses the reasons for adhering to the modified causality cut-off.By criticizing the theory of accomplice in responsibility and the theory of accomplice in violation of law,the author confirms the theory of accomplice in causation as the punishment basis of accomplice.Based on this,causality becomes the reason why the result of joint crime belongs to the co-offender.The accomplice behavior that has causality relationship with the result of joint crime is the punishable accomplice behavior.Insisting on the theory of causal accomplice can limit the improper expansion of accomplice.And the criminal law value attribute of causality makes it possible to identify causality in the standard,which provides a basis for insisting on the revised cut-off theory of causality.The third chapter specifically analyzes the basic requirements of accomplice disengagement based on the modified causality disconnection theory.Causality can be divided into physical causality and psychological causality,through the analysis of the occurrence mechanism of the two,while determining the physical causality and the formation of psychological causality of accomplice behavior and joint crime results,the cutoff standard in the sense of standard evaluation is determined.Physical causality is reflected in the enhancement of the risk of infringement of legal interests by the accomplice through the principal offender behavior,and the normative evaluation of physical causality severance should be realized in the elimination of the risk.The severance of psychological causality should be sought in the subjective malignant shock aroused by the accomplice's behavior.And the general elements of accomplice disengagement are analyzed.The arbitrariness of disengagement,the cognition of residual co-offenders and the behavior of preventing crimes are only auxiliary factors to judge whether causality is cut off in the sense of normative evaluation.The fourth chapter makes a concrete analysis of the specific type of accomplice's disengagement standards.According to the standard of division of labor of accomplice in joint crime,accomplice can be divided into abettor,accomplice,complicity and execution of joint principal crime.In view of different types of accomplices,the specific requirements of establishment and separation are analyzed.The fifth chapter mainly discusses the criminal responsibility of the breakaway.Based on the position of the modified causality severance theory,on the assumption that the joint crime stops at this moment,the person who breaks away will be put back into the joint crime,and the criminal responsibility of the person who breaks away will be determined based on the precedent of the separation.In terms of specific identification,the development stage of joint crime and the arbitrariness of the breakaway should be considered.If he is forced to break away in the preparatory stage,the prepared accomplice shall be established to break away;If the accomplice is forced to break away after commencement,the accomplice shall break away;Because the discontinuance can happen in the whole process of the crime,the discontinuance of accomplice should be established only if the accomplice discontinuance voluntarily.
Keywords/Search Tags:accomplice detachment, Modified causality disconnection theory, Judgment benchmark, Criminal responsibility
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