On the Liability Model in Handling the Illegal Gains of an Accomplice
Unlike the handling of illegal gains from an crime committed by a single person,the establishment and application of the liability model of an accomplice are more complex,which has become a significantly difficult issue in China's judicial practice.The mainstream view of the joint and several liability theory faces numerous problems,such as the simple deduction from joint illegality to joint and several handling of illegal gains,the deviation between multiple causes and the theory of individual liability of an accomplice,and the disconnection between theoretical foundation and objective causality of an accomplice,thus it should not be taken as an universal method.The two fundamental factors of the nature and scope of the handling of illegal gains can have a significant impact on the choice of the liability model of an accomplice,and the independent penalty-accompanying measures for the handling of illegal gains and the scope of all property obtained by participants as a group determine that an accomplice needs to assume liability for such group's illegal gains within the scope of his/her individual contribution to the group.In order to comprehensively evaluate the liability for the group's illegal gains within the scope of their individual contribution,the theory of contribution-based liability should be developed for the criminal law.The theory of contribution-based liability is not a simple combination of group liability and individual liability,instead it,under the basic guidance of the theory of liability based on pluralistic justice,covers two aspects,i.e.the liability object of illegal gains in the context of an accomplice's contribution,and the several liability within the scope of individual contribution.It is able to regarding the handling of illegal gains of an accomplice based on the theory of contribution-based liability,it is able to,on basis of determining the standard for severing liability,make a categorized analysis of the assumption of liability for the illegal gains which cannot be the objectively recovered and are beyond the several liability of an accomplice.
AccompliceIllegal GainsJoint and Several LiabilityContribution-based LiabilityJoint Crime
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维普
