On Status Crime

The crime of status is the traditional and dated question in the criminal law theory. But the related problem is still severity discussed in the scholar. So it's necessary to study the question on the crime of status. The aim of this paper is to find the rule of crime about status so that to resolve the related questions.Chapter one is the orientation, conception, character, base of punishment and kinds in the theory of crime of status. These questions are also the premise and based question about the theory of crime about status. The crime of status is specially indicated delicate kind but not the offender kind. The conception of crime about status should purification: the status of crime is the crime that the statuses decide the criminal constitutes or affect punishment stated by criminal material crime in criminal law. The impress of crime about status is"stated by criminal material crime in criminal law"and delicate kind. The base of punishment in the crime of status is to resolve the question that reason of the status in the criminal constructive elements and the affected factors in the punishment. This paper claims the theory of violation the status advantage in criminal law, and the theory is different in the pure and impure crime of status. By way of understanding more crime of status, this paper provides the kinds of crime of status based on the principal of universality and practicability.Chapter two studies two essential crime of status: pure and impure crime of status. It's familiar to distinguish pure and impure kinds of the crime of status in that not only continent law and theory but also china and practice. So this part plants to discuses these two kinds of crime in order to provide the basic for the afterward study. The dividing standard of pure and impure crime of status should find from essential angle and the criminal constitutive character of material crime. The status in pure crime of status can create the punishment and decide whether the crime come into existence. It concludes two kinds: positive and negative status. Impure crime of status has a basal constructive element in the legislative character, and the ordinary people can accord with this basal criminal constructive element. So the status in impure crime of status can entitle"principal overrun part". The impure crime of status divides two kinds: different punishment in the same crime and different punishment in the different crime.Chapter three studies the sole perpetrator of status about crime. The sole perpetrators conclude direct and indirect perpetrator. The studying of these two crimes can't break away from"behavior"that the key element of judging perpetrator. This paper discusses the behavior in Chinese penal law on the base of individual function of behavior. The character of status in pure and impure status of crimes is different, so we should notice that in solving the material question. The problem of indirect perpetrator is very complex especially induct into the theory of status in crime. This paper analysis whether the crime of status and how to form indirect perpetrator on the base of bran-new understand about the theory of indirect perpetrator.Chapter four stresses discuss the corporate perpetrator of the crime of status. The theory of corporate perpetrator has important station in Chinese criminal law that based on function in accomplice from justice. This paper adopts the new external theory via reviewing the developed skeleton, exoteric tradition and practice in continent and Chinese criminal theory. So the idea of perpetrator and actor is uniform except parasitological habit and partial function. So the paper thinks that non-status can't make of common perpetrator in the pure status crime. We should persevere in the principal of bidirectional fanciful criminal combine on base of partial common crime if the people of non-status and status complete pure status crime together. We should conviction and punish to non-status and status respective on base of the particularity of actor in the impure status crime if the people of non-status and status complete impure status crime together.The last chapter discusses the abettor and assistor of status crime. It's possible that non-status can make of the accomplice of pure status crime based on the theory of accomplice. We should distinguish different thing when judge non-status participate in completing positive status crime based on the theory of status crime and indirect perpetrator. The negative status crime should be especially reviewed in accomplice: the status can make of accomplice when he abet and assist non-status; the non-status can't make of accomplice when he abet and assist status base on the principle of protecting legal behalf. The discussion can't deviate the particularity of impure status crime in criminal constructive. When status and non-status participate in the crime of different punishment in the same imputation, the conviction is very easy. When status and non-status participate in the crime of different punishment in the same imputation, we should convict respectively not only when non-status abet and assist status but also status abet and assist non-status in order to convict and punish reasonable.