The Research Of Joint Offence And Identity Relationship

Joint offence and identity relationship study neither started relatively late in our criminal law nor clearly specified in certain section of criminal law general. Though some distributions existed in distributive rules and Supreme People's Court judicial interpretation, national criminal law field still conflicted greatly to this issue. The judgments of these cases from different judicial authority in country are poles apart as inefficient consistency & comprehensiveness in laws & rules and the distributive rule existed is contradictory itself, which caused great amount of problems & issues in factual practice. As we all know the identity is of great importance in criminal law with big impact on the conviction & sentence of joint offence. Therefore, the study of identity offence is significantly matters to both criminal law optimization and judicial practice guideline.The idea of author will be specified through the way of summery & comparison to/between the analysis of identity and related concept, category and function overspread in national & international criminal law field. First of all, in order to differentiate the concept of identity in China, the author conducted summery & analysis to identity & identity criminal concept in criminal law of Germany, Japan and Taiwan as the complexity aroused by the combination of joint offence and identity. The identity concept has been reasonable defined from different standpoint by each country. Via summery & analysis, the author hold the point that identity definition should comply with objectivity, legality and effectiveness no matter from what point of view. The next step is to categorize identity from different aspects. Regardless of the identity category, the goal of identity study is to make conviction & sentencing more accurate in order to provide better guideline to judicial practice. Therefore, the conviction identity and sentencing identity is of greater significance to the author, which make the fundamental structure of this essay start from here with stressing on the impact that identity have on conviction & sentencing. In the permissive of understanding of identity criminal concept & function, fatherly analyze the problem existing in the joint offence with identity. Different cases have been applied to the definition of joint offence and identity relationship. As to conviction, it is mainly including the below:1) The definition of offence jointly conducted by person with identity and without identity.2) Whether the person without identity can be the offence with the one have real identity.3) The definition of persons with identity abets or helps the one without identity to conduct identity offence.4) The definition of person with different identities to conduct identity offence jointly.As to conviction, it is necessarily to differentiate unified conviction & individual sentencing and individual conviction & individual sentencing. In this essay, comprehensive detailed analysis has been conducted to each case involved in conviction & sentencing. Additionally, the corresponding shortcomings and disadvantages have been specified too with the author's own idea and detailed description.