| 英文摘要 |
Domestic theory of criminal law has a fanatic tendency to follow up with Germany and Japanese theory, which presents in the path choice of criminal participation system, scarcely all together is apt to support the theory of complicity dependency. This phenomena has witnessed respected numbers of scholar has ignorance of the discrepancy between hermeneutics(doctrinaire) legal method and its scopes. And having rooted in common to one soluble standpoint, only through the unitary principal offender system could be proved by legality and reasonableness. By other ways, to adopted the theory of complicity dependency, not only need to get over solid problem underlie in law of the board, but some particular problem in the land. Hereby, laws circle has misunderstandings and critics to the system of unitary principal offender all long from now, but actually not worse than ones thought. In respect to observe the system of a single person, it should come back to reorder the conception of “action” and infinitely comprehend what the important action constituting a crime is. To boot, the unitary principal offender system may get many problem such as selfburden responsibility and act condition to be well solved. Yet the theory of complicity dependency by overevaluating act of perpetrating badly undermine its notable constrictive single principle conception to foundation and tradition principle one the bottom of the formal interpretation of constitutive requirements led to ruthlessly selfbetray. The process of judging conformity of important constructive conditions also interferes form facts to value, and in reality the dichotomy of amplified and constrictive single principle conception hail from common source. The unitary principal offender system can satisfy the changing life and it also avoid to stiffly comprehend “null crime sine lege”. In conclusion, neither can we get over solid problem nor throughout theory logic to Pragmatic sense. only depend on principal and accomplice dividing system to interpret national criminal law is not valuable. So it is necessity of advancing the system of criminal participation system studies.
|
