| 英文摘要 |
The way of according to the theory of “principal and accomplice dividing system” to deal with the problem of accessory is based on that the “accessory” (a type of criminal participation) has been clearly stipulated in the general rules of the criminal law. Although, to some extents, the solution of the theory of dividing system has solved some problems of conviction and punishment, meanwhile many new theoretical problems are brought by it. In view of the absence of provision of “accessory” in Chinese criminal law, the problem of accessory should be solved through the theory of the “unitary principal offender system”. The problems of conviction and punishment which cannot be solved through the theory of dividing system can be solved easily through the provisions of joint crime in Chinese criminal law and the interpretations of unitary principal offender system. Furthermore, the risk of expanding punishment scope of attempted offense can be improved and controlled. In terms of judicial practice, the application of the unitary principal offender system is also superior to the the theory of dividing system.
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