| Joint crime is the most difficilt issue in the theory of penal law. The problem onsubordination of complicity is discussed about the nature of accomplice. That is the coreof the issue. And it is a series of theory system about whether subordinate or not. Itincludes the subordination of punishment and implement. The theory on subordinationof complicity is agree with the view about the subordination of implement. It is the realcore of joint crime. This research can benefit further study and remove the great pity.The main method in this paper is integrated study. Firstly, by studying somerepresentative works of international criminal law and summarizing the related concepts,it can be concluded that the theory of restriction dependency is popular. And then, Aftersummarizing the early legislation both ICTY and ICTR, we can find Article25in RomeStatute of the ICC is the key. It adopts the theory of differentiating the accomplice fromthe principal in joint crime. We should merit attention to the theory on subordination ofcomplicity and the lastest development trend on indirect principal. The situation inLibya and Sudan, the application of this theory in ICC, which leads indirect co-perpetration become the main rule of attribution. Thus to summarize its profoundtheoretical basis. Thereafter, the twoness of the abetter prevails in our country. Butdomestic scholars have little insight into the latest trends. Then point out the importantinspirations of the trend for our country. Not only provide theoretical basis for organizedcrime, but also improve the general provisions of criminal law legislation. Moreimportant, the theory of differentiating the accomplice from the principal in joint crimehas been popular. The world needs, China also needs to be. Finally, it gets theconclusion via integrated study, the lastest development trend on the theory ofsubordination of complicity is worth using for reference.The main innovation of this paper lies in perspectives and points of view, and theconclusion will lay a theory foundation of international voice and be response byChinese ways. |
