论帮助犯因果关系-法学;法律专业论文.docxVIP

1 1 2 2 Abstract The accessory is regarded as a criminality that modifies the constitutive requirements and a joint crime that belongs to the perpetrator. The estimation of causality is a premise if a judge incriminates someone. Before a judge rulings whether a man is an accessory, he has to judge whether the result is caused by the man. The estimation of causality of the accessory is different from the perpetrator’s which has its own particularity. In some situations, the conditional formula that the former causes the latter is inappropriate. However, if the accessory is not to be punished in such a case, the common people will not to agree and it infringes upon the benefits of law. Meanwhile, due to the deficits of concrete norms, the accessory is in danger of judging according to one’s wishes. On the basis of those reasons, this paper considers it is necessary to research the concrete norms of the accessory. This paper consists of the following four parts with almost a total of 26000 words. The first part, this paper makes a summary of causality of the accessory. First of all, the beginning of this section raised seven cases briefly when judging the causality of the accessory to commit problem before expanding research on the basis of problems existing in the cases. The estimation of causality of the accessory is different from the conductor which has its own particularity. Second, the paper concludes that the estimation of causality of the accessory is different from the perpetrator’s which has its own particularity based on the cases at the beginning. Third, by means of researching causality of the accessory under different system of accomplice, unitary and distinguish system shows that the estimation of causality of the accessory is meaningful in either system of accomplice. Fourth, this paper points out some problems in our criminal law theory and practice to further make the causality research significant. The second part is punishment basis theory of the ac