论我国片面共犯的立法构建-经济法专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract The theory of joint crime has been being the difficult point in the criminal law theory and the criminal practice. The one-sided accomplice is of considerable importance as a sort of special form of crime linked closely with joint crime. The one-sided accomplice as an objective social phenomenon is nothing new in judicial practice, however, Because this is without a perfect performance on the legislation, and currently, there is no a formed universal statement on one-sided accomplice among Chinese criminal law theorists who have different opinions, and a serious quarrel. Thus, the one-sided accomplice has been one of challenging topics in the criminal law. This paper analyses the structure of one-sided accomplice on the basis of an overview of the general theory of one-sided accomplice and, through the one-sided accomplice extraterritorial legislation research and the combination with Chinas criminal law theory, legislation and the actual situation in judicial practice, proposed the domestic legislation of one-sided accomplice. Besides the introduction and conclusion, it is divided into five parts. The first part and the second part are written about the general theory and the structure of the one-sided accomplice. Among them, the first part mainly discusses the general theory of one-sided accomplice, which has the definition on the connotation and the concept of the one-sided accomplice, in the meantime, tries to straighten out the relationship between the joint crime and the one-sided accomplice. The structure of the one-sided accomplice is discussed in the second part which largely discusses the constituents and basic types of one sided accomplice, which could be a theoretical foundation for the below. The foreign legislation and practice of one-sided accomplice will be discussed in the third and the fourth part. Among them, in the third part, it investigated the legislative situation abroad on one-sided accomplice and t