Reflective Review of the System of Not Distinguishing a Second Participant from a Perpetrator
There are two different propositions on the choice of the system of co-offenders in China:the system of not distinguishing a second participant from a perpetrator and the system of distinguishing a second participant from a perpetrator.In recent years,the theoretical opposition between the two sides has gradually deepened and still intensified.The systematic reflection and review of the system of not distinguishing a second participant from a perpetrator is not only conducive to clearing up the theoretical controversy,but also necessary for the choice.Upon reflection,at the level of observatory perspective,such system ignores the nature of a co-offenders as a group;at the legislative level,such system is inconsistent with the legislative process and the provisions on the coerced participant;at the theoretical level,such system can not really incorporate the concept of culpability,and there are such defects as improperly expanding and narrowing the scope of punishment and being unable to reasonably explain the punishability of a co-offender of a status-based offense;at the practical level,such system does not have functions of guiding the sentencing and the criminal proof of a perpetrator and a second participant.It is advisable to establish a system of co-offenders'participation by distinguishing"a second participant from a perpetrator"with Chinese characteristics from the essence of co-offenders as a group.
the System of Co-offendersthe System of Not Distinguishing a Second Participant from the Perpetratorthe System of Distinguishing a Second Participant from the PerpetratorReflective Review
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