The Research On The Causation Of Accessory Offender’s Behavior

Compared to the provisions of the German and Japanese criminal law,China’s criminal law does not clearly define the Accessory offender.Obviously,a gap about the Accessory offender exists in China’s criminal law.Accordingly,it also causes that the discussion of the criminal law community on the Accessory offender is not very heated and the discussion of behavioral causality is more rare.Contrary to this is the need for judicial practice in the need for its definition,so the lack of legislative provisions can not prevent the criminal law community on the cause of action to explore the causal relationship.The causal relationship between action and causality is different between help behavior and separated act of perpetrating.Therefore,the criterion of causal relationship in the individual crime can not be fully applied to the causal relationship of help behavior.By summarizing the particularity of the causal relationship,I realized that the causal relationship of the help behavior should have its own characteristics.And there are lots of doctrines on the causal relationship in the academic circles.By comparing the doctrine of the necessity of the causal relationship with the doctrine of not necessity of the causal relationship,the writers to analyze the necessity of the Causation of Accessory offender’s Behavior.On the base of adopting the doctrine of Causality of promotion,the writer further analyses the causation of physical help and the causation of psychological help.In addition,when judging the psychological causality,we also should pay attention to the impact of physical help behavior.Finally,we use the determined judgment principle to judge and analyze the causal relationship between some typical help behaviors such as lookout behavior,implied behavior,and the neutral help behavior.