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On Nature of Accomplice

Author: PengDeJun
Tutor: DaiYongCai
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Crime common to say Part of the crime jointly said Behavior common to say Illegality Negligence joint principal offender
CLC: D924.11
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


About the nature of common crime, civil law criminal law scholars in the crime jointly said behavior (objectivism) said the opposition between the two doctrines in many ways come to a different conclusion. Entity of the crime is against the law and responsibility, common criminal, just an illegal form of an objective imputation principle of common crime \. Common crime index jointly implemented criminal law violations, rather than the implementation of a specific crime. Construct theory of common crime, not only helps to address issues such as one-sided accomplice, accomplice of identity, inheritance accomplice accomplice punished according to the traditional criminal law does not clarify the theoretical issues, and thoroughly implement the principle of individual responsibility; behavior and help judicial staff them, such as the behavior of people to solve the problems of the implementation of the different behavior of the elements of the crime, whether the establishment of the complex issues of common crime or negligence committed the possibility of establishing a joint principal offender. In the first part of the various doctrines on the theory of accomplice essence, that crime is common to say, the behavior is common to say, the common meaning of the main said. Due to the common meaning of the main corporate responsibility onto the individual, in clear violation of the principle of personal responsibility. So, very few people support the said, its accomplice essential theory basically quit the stage of history. About the nature of common crime, crime (including part of the crime jointly) (objectivism) behavior common to say the opposition between. Accomplice Essence of range, the first view is that: The doctrine the theory only belongs to the joint principal offender. The second view is that: The doctrine of theory and generalized accomplice (joint principal offender, instigator help commit). This paper argues that, starting from the causal accomplice dominant theories on crime stance accomplice essentially the theory of the scope and generalized accomplice. The second part examines the crime common, especially theory the defect and behavior common part of the criminal said that the reason to advocate. Full criminal common judge whether the establishment of a common crime, which mixed elements of the responsibility, to confuse the establishment of an accomplice and the accomplice punishment. Therefore, the only common crime is to identify the perpetrator objective responsibility principle that to determine whether the total prisoners, in addition to considering the behavior of common, must also have the same criminal intent crime common wrong. Although part of the crime common replace the Crime common Tong said the trend, but the theory of the said defects rarely addressed. Objectively speaking, part of the crime said the proposed just to cope with completely crime commonly said defects and do some form of adjustment, in essence, the essential characteristics of common say and did not get rid of completely crime. The contradiction in logical argument, in violation of the principle of personal responsibility, inherited accomplice theoretically can not be justified, resulting in its complex accomplice can not be satisfactorily resolved. In contrast, the behavior is common to say that as long as the joint implementation of the constituent elements consistent with the objective of violations of the various actors, and on the implementation of behavior has a general sense of contact, you can set up an accomplice. Behavior commonality of judgment standard is: if the various actors people's behavior infringed the law benefits the same, or be against the law benefits exist partial cross, coincide, even if the object, behavior exist some differences, even if the provisions on the show that's is different constitute the crime, also standardized to think that the behavior of the implementation of a common behavior. Under the guidance of the theory of this doctrine, that part of the one-sided accomplice and the accomplice of identity-depth discussion and made a re-interpretation of the Principles of Responsibility \That is not \The third section describes the accomplice is an illegal type of behavior common to say reasonable basis to explore. This is mainly from common crime and obstruction of justice crime Responsibility responsibility ability common crime, the fact that recognize the error, the principle of legality and Crime reasonable to adapt the principles of four demonstration. The fourth section discusses the fault of a common criminal. Fault common crime is the topic should explore accomplice Essence, domestic and international criminal law its negation said and say for sure that the controversy. This section lists the negation said and say for sure that the reason, and both an academic reviews, and put forward their point of view on this basis. This paper argues that, since the common criminal is an illegal form of intentional content of the added elements of the responsibility to judge whether the establishment of an accomplice, then there is no reason to deny the establishment of fault common crime. But this article only recognize and admit joint principal offender, deny negligence the instigator and negligence was established to help prisoners. Comment on two practice cases, come to the conclusion it is necessary to recognize and admit joint principal offender.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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