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Research On The Accomplice Of Status Crime

Posted on:2007-11-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:E P YanFull Text:PDF
GTID:1116360185957925Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the special part of penal code, the constitutive elements of a crime mostly don't restrict the status of a person, everyone can accord with the request of the crime. But the constitutive elements of the crime partly regulate that only special person can commit the crime, these kinds of crime are status of crime .So the status of crime is one kind of require special title in the penal code. The scholar commonly thinks that non-status person cannot make of the signal straight perpetrator. The sticking point of the joint crime of status of crime is how to criminate accomplices.The study of status and status of crime is the premise of research accomplice status of crime. The scholar commonly explain the status, so it includes the sex, nationality, folk, official and other relation that whole special station and status. But the explanation is limited, so the subjective elements of crime are not status. The conception of status in Chinese penal code is that the legal and special individual factor. The statuses in the penal code have the character of law, responsibility personality and durative compare to other status. The status of crime is the criminal style, not criminal person style. So this kind of crime corresponds with general ones, the different of both crimes are that the status in the constitutive elements of crime in the special part of penal code. So the conception of non-pure status crime in the traditional scholar is not reasonable, because that status of crime can make by anyone, the status just affect penalty, is foreign to constitutive elements. The criterion of pure and non-pure status crime should provide advantage for the theory of joint crime: when the crime of accomplices only involved one crime, we called this pure status crime, when that involved two crimes; we called this non-pure status crime. In the crime that needs one practice in person, we cannot judge...
Keywords/Search Tags:Status, Pure Status Crime, Non-pure Status Crime, Accomplice
PDF Full Text Request
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