On The Accomplice Independence

There are many theories on the character of accomplice. In China, the authoritive theory on the character of accomplice is double character theory. But, this theory can't explain reasonably many problems of joint offence. To maintain the utility and scientific nature of criminal law theory, the thesis puts forward a new theory of independency of accomplice.The article falls into six parts, with more than 30,000 words.Part Ⅰ probes into concept and nature of joint crimes, then provides a detailed introduction of three theories about the character of accomplice, especially discusses the flaw in theory of subordinativeness of accomplice and in theory of double character.Part Ⅱ introduces the common content of theory of independency of accomplice, and point out the meaning and flaw of this theory.Stand as the core of the essay, Part Ⅲ puts forward a new view that joint offence is not a crimes but many crimes and the standard of joint crimes and punishing principle. Then the essay estimates the feasibility of new theory of independency of accomplice.Part Ⅳ expounds the new theory of independency of abetter, this theory solves reasonably some problems about abetter, pointing out abettor is in nature a kind of preparation for crime.Part Ⅴ analyses and evaluates the rules about joint offence in criminal codes.The essay introduces some explain to rules about joint crimes in criminal jurisprudence field, and puts forward some author's own view to rules.Part Ⅵ puts forward some legislative suggestions to improve system of joint crimes, using new theory of independency of accomplice as theoretic foundation. The essay holds the view that criminal responsibility should stand on the foundation of criminal behaviour; and should not differentiate joint principal offences and joint crimes, which conforms to principle of punishment for crime and principle of suitable punishment for crime.