The Research On The Causality Of The Accessory

The causality of accessory is the essence of aiders’ behavior,which is connected with the punishment of aiders’ behavior.The causal relationship between accomplice in joint crime and individual crime is inconsistency,represent special qualities.Through the particularity of the causality,it is necessary to discuss the causality of the accomplice and clarify the related problems,which is helpful to clarify the establishment scope of the accomplice,solve the relationship standard of the liability of the accomplice,and alleviate the complexity of the identification of the accomplice in judicial practice.This paper starts with the particularity of causality of aiding offense,analyzes and discusses the theoretical basis,theoretical controversy and judgment of causality of aiding behavior,and come to the conclusion.The first part is to explore the space of causality from the perspective of China’s criminal law.At first,this paper clarifies the confusion between accessory offender and accomplice,denies that accessory offender is equal to accomplice,and then starts with the causality of principal offender,combined with the concept of limiting principal offender,determines the uniqueness of causality of accomplice,and then combs the definition of causality of accomplice.The second part focuses on the basis of punishment of accomplice.The determination of the basis of accomplice’s punishment is the premise of the causality’s necessity and the specific content of causality.The theory of criminal responsibility accomplice and the theory of illegal accomplice estrange the relevance of the infringement of legal interests,lacking support with make people degenerate and fall into a state of social unrest,as the essence of the violation of law.And it will improperly expand the scope of punishment of accomplices.The theory of causality accomplice is based on the fact that aiders’ behavior indirectly infringes the legal interests protected by criminal law through principal offender behavior.The internal dispute is mainly due to the different understanding of the illegality between principal offender and accomplice.This paper holds that the illegality of the accomplice is subordinate to the illegality which belongs to the principal offender’s illegal act and the accomplice itself.Considering the restricted subordination of the accomplice,the mixed provocation theory is chosen in the basis of the punishment of the accomplice.The third part is the question about whether the accomplice needs to have causality,that is,the dispute between the negative theory of causality and the positive theory of causality.According to the theory of negative causality,aider is regarded as a dangerous offense which can increase the risk of infringement of legal interest.Aider is punished because of its own danger,rather than the infringement of legal interest caused by the principal offense.The positive theory of causality of accomplice advocates that there must be causality between the act of accomplice and the facts of the constitutions of the principal offender.This paper agrees with the theory of consequential causation of principal offender.The content of causality of aiding behavior includes two parts: direct promoting relationship and indirect causing relationship,to responds the distinguishes of the accomplice’ not accomplished or accomplished offense which based on the theory of subordination of accomplice.The fourth part is to introduce the criterion of causality of accomplice.It is difficult to apply the conditional relationship in the objective imputation of accomplice to the situation where all the acts of helping exist.Therefore,it is necessary to amend the conditional relationship and put forward a more relaxed promotion relationship.However,the content of "promotion" is not clear enough and the theoretical explanation is confused.Promotion relationship is the specific application of the concept of "increased risk",which takes the enhancement of the risk of helping behavior against legal interest as the standard to judge the accomplishment of helping behavior.However,there is a conflict between this and the attribute of consequential offense.Based on the theory of the result of the principal offender,the fact of the illegal elements caused by the act of the principal offender and the result of the elements is the fact of the illegal elements caused by the act of helping.We should use the theory of legality to judge the causal relationship between the act of helping and the facts of the elements.At the same time,it is necessary to make clear the judgment of causality of accomplice,and it is not allowed to assume the fact that did not happen.The fifth part is to distinguish the causal relationship between physical help behavior and psychological help behavior according to different help behaviors.After defining the basic behavior types,we focus on some "special" helping behaviors.In the identification of the causality of innate laws of things,we should concern the help behavior of "unhelpful" and " doing a disservice";In terms of psychological causality,this paper studies the identification of psychological causality with the help of technical guidance,the help of strengthening criminal intent and the help of physics.