Discussion On The Application Of Separation Of Accomplice In Our Criminal Law

The conception of separation of accomplice has been proposed to deal with the situation which joint commission of a crime has been completed offense, some of the accomplices implement the separation conduct(which cutting off the law of causation both in other accomplices'conduct and criminal consequence) and its criminal responsibility. There is no article which regulates the separation of accomplice in our Criminal law. Hence, the judicial practice has difficult in dealing with such situation, however, if we transplant this theory to our Criminal Law with no revise, this theory cannot be adapt to our society well. Hence, the author will base on our country's traditional criminal theory when we discuss criminal responsibility of the separation of accomplice.The first period of this article discuss the unsolved problem in the suspend of accomplice in our country, then put forward the concept of the separation of accomplice, then the author compare the suspend of accomplice with the separation of accomplice, and propose the separation of accomplice should characterize as a criminal policy, in another word, the separation of accomplice and the suspend of accomplice has different character of law, the separation of accomplice should be research independently.The second part is important in this article. Firstly, the author introduces the elements of the separation of accomplice in Japan. Then propose four elements namely time and space factor, subjective factor, objective factor, substantive factor in the separation of accomplice in our country. The author believe that the separation of accomplice could happen during the beginning of complicity to the criminal completed the crime; also the author believe"the subjective theory"is reasonable; the author hold opinion that the actor's activity should meet the standard of"completely". At the end, the separation of accomplice should base on"theory of cutting off causation".Based on these discuss, then the author appraises two theories, the first is: should great effort be necessary in the separation of accomplice? And the second is: should other criminal approve the actor's intention is necessary?In the third part of this article, the author discusses the applicable of the separation of accomplice. Based on the"theory of cutting off causation", the author discusses and analyzes four kind of actor: organizing offender, executor, abider and abettor.The last part is the conclusion of the whole article.