Regarding Aiding Act As Principle Offender

The development of social life makes crime more complicated.And the social harm of aiding act is even greater than being aided.In this regard,China's legislation regards aiding act as principle offender.It is a special legislative model in Criminal Law.The core is to give certain kinds of aiding acts an independent accusation,then separately condemn these acts,and no longer be bound by the perpetrating act in order to solve the criminal problem and the sentencing dilemma of independent aiding act and realize the aim of active general prevention of Criminal Law.However,some commentators believe that regarding aiding act as principle offender has shaken the foundations of complicity dependency and undermined the systemic nature of the theory of joint crime.In the face of the controversy,this paper uses the methods of conceptual analysis,comparative research,comprehensive analysis and logical reasoning to study the principle offender of aiding act on the basis of consulting a large number of relevant literatures.The main body of this paper is divided into four parts.The first part is the theoretical definition of regarding aiding act as principle offender.Through the comparative study of different theories,the concepts of aiding act and principle offender are clarified,so as to further clarify the concept of “regarding aiding act as principle offender”.The second part is to analyze the rational basis of regarding aiding act as principle offender.At the theoretical level,first,analyze the punishable of aiding act.It is pointed out that the mingled provocation theory of causality accomplices can provide a basis for the punishable of the aiding act;secondly,define the nature of the principle offender.From the material-objective theory,the principle offender is not necessarily the person who personally commits the crime and act according with constitutive requirements.Therefore,the person who implements the aiding act also has the possibility of forming principle offender;in the end,refute the view that “regarding aiding act as principle offender is contrary to the theory of complicity dependency”.On the basis of adhering to the theory of complicity,the author puts forward that the theory of minimum dependency is the trend of the theory of complicity.At the practical level,regarding aiding act as principle offender meets the requirements of the era of risk society.It is also an inevitable choice that conforms to the basic principles of China's criminal policy and criminal law.The third part makes a comprehensive analysis of the existing legislation of regarding aiding act as principle offender in China from the two aspects of chapter distribution and behavior mode,with the aim of understanding the legislative distribution of regarding aiding act as principle offender to be committed.In addition,the paper analyzes the various forms of independent aiding act,so as to analyze and summarize the characteristics of legislation and forecast its trends.The fourth part is the suggestion of improving the principle offender of aiding act of our country.First of all,according to the investigation of the above crimes,it is pointed out that the existing legislation has problems such as vague standards of conviction and low degree of typology.Then,make suggestions for the different problems to help the development of regarding aiding act as principle offender.