The Theoretical Choice Of Penalty For Accomplice And Its Practical Application

The existence of the problem of the joint offence is to find the way of how to determine the scope of the penalty in joint crimes,so that in the punishment of an accomplice,it can not violate the modesty of criminal law but also meet the principle of legality.In order to solve this problem,the German-Japanese criminal law started from the dispute of accomplice independence and accomplice dependence,but with the continuous advancement of the criminal law theory,everyone finally realized that the basic problem in the area of joint offence should be the basis for punishment of an accomplice.Therefore,studying the basis for the punishment of joint offence is the core issue in solving the problem of joint offence.The basis for punishment for the joint offence can be summed up mainly as "three theories and three doctrines." The "three theories" mainly include:the theory of accomplices of responsibility,the theory of illegal accomplices,and the theory of causal accomplices(also known as arousal).The "three doctrines" refers to the three specific doctrines in the above-mentioned third theory,that is,the theory of causality accomplice.This article is developed through the combination of dynamic and static research methods,and demonstrated by the combination of theory and practice.Through studying the theoretical results of the "quietness" accumulated in the continuous development of the"three theories and three doctrines" doctrine,discuss the development and dispute process of "motion" in contending,analyze and compare the advantages and disadvantages of each doctrine,in the hope of constructing an accomplices punishment basis more in line with the requirements of theory and practice,so as to fundamentally solve the problem of joint offence.Specifically,the article starts from the following five parts.The first part of the article is mainly to summarize the "three theories" of traditional criminal punishment based on traditional fields,to understand the "previous life" of current mainstream theory,and to ensure the profound understanding of mainstream theory of "this life".The second part of the article mainly focuses on the "three doctrines" that are the basis for the punishment of accomplices.The advantages and disadvantages of pure causation,compromising causation and revised causation are discussed in detail.,and the clarity of the article give rise to a statement of the revised causation.The third part of the article is mainly on the basis of revised causation.In conjunction with the concept of "the difference about the amount of illegality",the author puts forward the illegality-hindered revised causation,and uses this theoretical insight to respond to the major criticisms.The fourth part of the article mainly deals with the type of practical tests that can be used to punish penalties for impediment.It is based on practical judgments on killing,aiding suicide,facing offenders,attempting to commit suicide,and not participating in identity crimes.The specific application is explained.