Reflections on the Theory of the Two-layer Distinction System and Reconstruction of the Accomplice System
Faced with the issue of the relationship between the core offender and the principal,the theory of the two-layer distinction system criticizes the integrated approach to con-viction and sentencing of the theory of the single-layer distinction system,and advocates adop-ting the formal objectivity standard to distinguish between the core offender and the accomplice on the conviction level and the substantive function standard to distinguish between the principal and the accessory on the sentencing level.However,the strict formal objectivity theory and the normative formal objectivity theory either ignore the declarative significance of behavior evalua-tion or fail to adhere to their formal positions completely but turn to the substantive concept of the core offender.As a result,it is not appropriate to use the formal objectivity standard as the standard for distinguishing between the core offender and the accomplice.More importantly,the theory of hierarchical positioning fails to correctly understand the theoretical logic of the hierar-chical statutory penalty setting model adopted by the theory of distinction system,and is unable to further demonstrate the differences in the unlawfulness between the core offender and the ac-complice in the distinction between the principal and the accessory,resulting in the implemen-tation of the single system in the name of the distinction system by the theory of two-layer dis-tinction system.In addition to the theory of a two-layer distinction system,Chinese criminal law scholars have also proposed other theoretical solutions,but these plans are not suitable theoreti-cal conceptual plans for explaining the relationship between the core offender and the principal.In view of this,it is necessary to establish a progressive relationship model based on the theory of the domination of criminal facts,using the mass differentiation of forces as the structural sup-port.Firstly,a distinction is made between the core offender and the accomplice through the judgment of whether the acting force has dominance.Secondly,in the distinction between the principal and the accessory,if there is only one core offender,he can be determined as the principal,while the accomplice serves as the auxiliary accessory.If there are more than one core offender,it is necessary to further distinguish among the dominant joint core offenders be-tween the principal who plays a primary role and the accessory who plays a secondary role in the crime based on the different magnitude of the acting force,while maintaining the conclusion that the accomplice is the accessory playing an auxiliary role in the crime.Compared to other theo-retical models,the progressive relationship model that takes the distinction between masses of forces as its structural support has the theoretical advantage of precise and orderly sentencing.
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维普
