中国刑法における犯罪関与体系の性質 : 統一的正犯理論に基づいて（２・完）

The Nature of the System of Criminal Complicity in Chinese Criminal Law: On the Doctrine of the Unitary Offender System

Chen Runyan

Yoshinaka Nobuhito

廣島法學

The Hiroshima Law Journal

[ISSN] 03865010

[NCID] AN0021395X

A single-offender system of complicity initially characterized the system of criminal participation in Chinese criminal law due to the country’s legal traditions and the influence of the criminal law of the former Soviet Union. In the 1990s, China introduced German and Japanese criminal law theories. Although the single-offender system of complicity remains in the criminal law provisions, the German-Japanese two-tier system of complicity in committing a crime has become the mainstream of doctrine and judicial practice. Various German and Japanese criminal law concepts have become part of Chinese criminal law but have created contradictions with the unitary complicity system of Chinese criminal law provisions. This paper will explore the nature of the criminal participation system in Chinese criminal law and confirm whether it fits or is compatible with German and Japanese criminal laws to gain insights into the development of Chinese criminal law.

jpn

広島大学法学会

THE SOCIETY OF LAW OF HIROSHIMA UNIVERSITY

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