Research On The Withdraw From The Complicity

In the process of joint crime,there will inevitably be some joint offenders or divorced from the complicity relationship due to genuine repentance or passive resistance,but other participants continue to commit criminal acts and eventually produce the accomplished results.In this case,whether the divorced person still needs to be responsible for the final result is a problem.In this regard,the Japanese academics took the lead in putting forward the theory of accomplice disengagement to solve the problem.However,many scholars have confused the concept of their accomplices in the definition of their accomplices,and think it is a "relief policy" for the suspension of accomplices,so as to make up for the lack of accomplices in the face of the above disengagement.In this regard,the "negative relief" point of view to give a positive response to the two level,pointed out that the two are completely different problems,solve discontinuance is the responsibility of the scope and extent of liability issues,an accomplice only processing the scope of liability issues.The "suspension of form" is a "bridge of communication" between the two,which proves that there is a common place between the two.There are different opinions in the academic circles about the criteria for the separation of the accomplice relationship.Based on this premise,we set up the cutting elements of physical causality and psychological causality,and carry out "standard evaluation" penetration,which is feasible.Compared with the establishment of cut off elements before and after the division,it can more effectively carry out causality,cut off the generality and co-ordination of the standards,so as to avoid repeated discussions on the same problems,and appear logical errors of different standards in the same circumstances.In the same way,considering the difference in the specific circumstances,the elements of the establishment of the disengagement of the accomplice have to be finely adjusted.Therefore,for the forward movement based on tense,especially after the implementation of action,due to the danger of objective realities,there will be a need for adjustment when the original causal relationship is reinforced.In this regard,the establishment requirements are adjusted to "take measures to prevent the consequences and make sincere efforts",which satisfies the double inspection requirements of form and substance and is reasonable.Inaddition,there are also cases of criminal facts that are not within the initial conspiracy range based on the decision of other accomplices.In this regard,after deciding beyond the collusion range,it actually cuts off the psychological causality between the passive and disengaged persons.If we cut off the physical causality at the same time,it will constitute the separation of the accomplice.Finally,we should discuss the legal responsibility of the disengagement of the relationship of the accomplice.On the basis of the separation of accomplices,based on the standpoint of criminal law interpretation,it is possible to establish a differentiated legal solution which is mainly connected with the system of discontinuance of crime,so as to temporarily solve the problem of the lack of the current criminal law.