The Research On The Causality Of The Accessory

The accessory is regarded as a criminality that modifies the constitutive requirements and a joint crime that belongs to the perpetrator. The estimation of causality is a premise if a judge incriminates someone. Before a judge rulings whether a man is an accessory, he has to judge whether the result is caused by the man. The estimation of causality of the accessory is different from the perpetrator’s which has its own particularity. In some situations, the conditional formula that the former causes the latter is inappropriate. However, if the accessory is not to be punished in such a case, the common people will not to agree and it infringes upon the benefits of law. Meanwhile, due to the deficits of concrete norms, the accessory is in danger of judging according to one’s wishes. On the basis of those reasons, this paper considers it is necessary to research the concrete norms of the accessory. This paper consists of the following four parts with almost a total of 26000 words.The first part, this paper makes a summary of causality of the accessory. First of all, the beginning of this section raised seven cases briefly when judging the causality of the accessory to commit problem before expanding research on the basis of problems existing in the cases. The estimation of causality of the accessory is different from the conductor which has its own particularity. Second, the paper concludes that the estimation of causality of the accessory is different from the perpetrator’s which has its own particularity based on the cases at the beginning. Third, by means of researching causality of the accessory under different system of accomplice, unitary and distinguish system shows that the estimation of causality of the accessory is meaningful in either system of accomplice. Fourth, this paper points out some problems in our criminal law theory and practice to further make the causality research significant.The second part is punishment basis theory of the accessory which is the premise of the controversy. The punishment basis theory of the accessory is a premise when processing the problems on causality of the accessory, existing different causality according to different punishment basis’ s theory of the accessory. There are five doctrines about common punishment basis theory, including liability accomplice’s theory, illegal accomplice theory, pure occasion theory, modified occasion theory, compromise occasion theory. By means of researching different punishment basis’ s theory of the accessory, this paper concludes that subordination of infringing upon the benefits of law in compromise occasion theory is considerable based on subordination and infringing upon the benefits of law.The third part is a debate between affirmative doctrine and denied doctrine. This paper distinguishes between results of accomplice and results of principal. Affirmative doctrine is regarded as adopting results of principal. Denied doctrine is regarded as adopting results of accomplice. By comparing the two theories, this paper concludes that affirmative doctrine is worth advocating and it is dangerous to the accessory being regarded as potential damage offense upon denied doctrine.The fourth part is the expansion of concrete standard. This part is divided helping behavior into physical help and psychological help on the basis of affirming affirmative doctrine in previous part.There are five doctrines about causality of the physical help, including modified causality based on denied conditional formula, causality of modified conditional formula, strengthening causality, increased risk based on the causality. And on this basis, this paper launches a further discussion. As to psychological help, this paper divides psychological help into providing technical guidance and strengthening principal criminal intent and researches their judgment standard separately, including relationships between physical help and psychological help.