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Study on One-sided Accomplice

Author: JiangJunLin
Tutor: MaRongChun
School: Nanchang University
Course: Criminal Law
Keywords: Unilateral Accomplice Common criminal One-sided deliberately Criminal responsibility Punish
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 64
Quote: 0
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Abstract


The one-sided accomplice is the objective existence of the phenomenon of crime , serious social harm . However , the existing criminal law has not been effective regulation , a serious threat to the construction of a harmonious society . The current criminal law scholars sided Accomplice divergence definitely say that both views and negation . Negation said that the one-sided accomplice is not true, do not be criminalized ; Unilateral Accomplice definitely say that the establishment of a different point of view of criminal law regulation or indirect principal offender be punished or included in a collective crime areas , how to punish . Although each view has its own reason , but they are not ideal . One-sided accomplice should be established , its is common crime , but is a special form of common crime , Unlike comprehensive accomplice . First of all , the one-sided accomplice is a crime morphology rather than the perpetrators , unlike the indirect principal offender, and indirect Guilt is completely two different concepts , So Indirect Perpetrator to regulate producers face an accomplice is totally unjustified . Secondly , although at home and abroad have certainly said that two different viewpoints and deny and deny that quite reasonable , but one-sided accomplice fully established . One sided Accomplice phenomenon objectively exist , can not be denied ; China's criminal law has not yet expressly provided , but implied the relevant provisions , certainly one-sided accomplice established ; Third, the existing judicial practice proved , certainly one-sided accomplice in the establishment of effective containment such crime . Again , the one-sided accomplice different from the comprehensive accomplice , has its own special constituents and limited basic types . One-sided accomplice subjective deliberately one-sided , the implementation of the objective behavior harmful behavior is causally linked with harmful consequences . The basic types include Unilateral , one-sided instigator, the one-sided Perpetrator . Finally , the one-sided accomplice is not comprehensive accomplice , the punishment can not be static , different types of one-sided the accomplice should take a different punishment , so as to achieve the offense balanced . In short , one-sided accomplice is an objective existence of patterns of crime , is a special form of common crime . Common criminal including comprehensive accomplice and one-sided accomplice . In order to more effectively combat such crime , proposed to amend Section 25 of the Penal Code , clearly one-sided accomplice should be a common crime areas , establishing the rightful place of the one-sided accomplice .

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