Research On The Extrusion Of Complicity And Criminal Responsibility

Joint crime of extrusion suspension is a concept closely related to the the suspension of joint crime.Countries generally adhere to the requirements of validity for the establishment of joint crime suspension.In other words,partial accomplice who would like to set up suspension, in addition to take the initiative to stop their criminal behavior, must also be successfully prevent other accomplice’s behavior, or effectively prevent crime the happening of the result.But in the judicial practice,such circumstance often appeasr,some actors did their best to prevent the crime,but the ending didn’t test well.In this case,crime suspension cannot be established For this part of the accomplice, how to evaluate their actions,there are no rules in our criminal law.In practice, the usual practice is in accordance with the relevant provisions of the crime alone, for such offenders identified as crime accomplishment, consider the subjective vicious when sentencing declines to act accordingly.However, this approach did not repent of criminal behavior to give substantial legal relief,hindered the pace of stop crime,against the criminal education assistance,also go against disintegration joint crime. The study of accomplice extrusion theory, can effectively solve the above problems.This article is divided into four parts to study the accomplice theory of extrusion.The first part,is a general overview of the accomplice extrusion,mainly expounds the background and the connotation of accomplice extrusion theory.,as well as its theoretical and practical significance;The second part, on the premise of clear of the connotation of accomplice extrusion,discusses the establishment of the accomplice extrusion conditions,because of this theory produce from abroad,the study of it is still very immature in our country,so first analyses the the the judgment standard of this thoery in Japan and the UK,then combining with the actual situation of our country,establish the condition of our country,including time and space conditions, subjective conditions and objective conditions;The third part, mainly introduced the establishment of accomplice criminal responsibility after extruding, there are three main kinds of processing mode around the world,according to suspend crime treatment, according to an treatment or according to the discretion,Ⅰ don’t agree with these processing, put forward my original ideas;The fourth part,is about theory of accomplice extrusion for reference in China,in the first place introduced to accomplice extrusion processing and problems in our country, and then demonstrates the necessity of introducing the theory of accomplice extrusion,finally expounds what kind of pattern should be adopted in China to introduce this theory.