On The Departure From The Relation Of Joint Crime

The study about the departure from the relation of joint crime only starts in our country. Although we can learn from overseas correlation study, introduced theory not always adapt our legislation and judicial practice, so we must revise it to adapt the situation of our country, so as to in harmony with our criminal law system, fill up the blank of the study of the departure from the relation of joint crime, in our criminal law theory. In order to reasonably deal with the behavior of the departure from the relation of joint crime in practice, we need, on the basis of learning from overseas correlation theory, reasonably define the concept, function, constituted condition and principle of the departure from the relation of joint crime theoretically. Where as large number of complicity relation departure phenomena appeared in practice, Strengthening the theory study of it to guide jurisdiction practice has become an urgent topic.This article divides into four parts, discusses and analyses the theory using basic means in law study.The first part introduces the theory's development and evolution, its reflection in overseas criminal law and study actuality in our country, analyses the difference of discontinuation of complicity among our country, Germany and Japanese criminal law, and the departure from the relation of joint crime, just because of these differences, are specially characteristic.The second part deeply analyses the concept , function and complicity relation departure and its differences and similarities during the course of enforcement with correlation concept discontinuation of complicity. This topic's idea is to embody our own character on the basis of learning from known concepts;it is more in comparison with knownconcepts.The third part mainly discusses the standard and ambition of the departure from the relation of joint crime. The standard of departure is to require the departure make comparative endeavors to eliminate the cause power which generated by his previous behavior in the complicity relation. This article also thinks that organized crime can depart from the complicity relation.Finally, this article establishes rules of punishment for the complicity relation departure. It also suggests that make common rules in the general rules, regulate special departure behaviors and punish rules in the division of criminal law.