Research On Joint Crime And Identity

A joint crime and identity in the theory of crime is a difficult problem. Chinese law in general not expressly joint crime and criminal law theory identity, this is right. This paper studies the scholars of identity, in general, on the basis of the discussion in the theory of criminal law and judicial practice, the common crime and identity udicial problems were discussed, and try to claim the identity of the harmonious theory of criminal law plays a certain reference.The divided into four chapters:The first chapter, a joint crime, this chapter identity with a summary of basic theory for the entire paper mainly elaborated that a joint crime part identity with the general theory of problem, First, expounds the difference with principal offender joint crime, from subjective said to objective said to behavior control tried to find a standard, said to define the concept of both. Second is the most basic of joint crime theory that crime common said and behavior, said together with accomplice dependency said accomplice independency. Crime common said, said the over-emphasized dependency accomplice in the formal requirements established a joint crime, for some extreme cases will be difficult to carry on the reasonable explanation; And behavioral common said, accomplice escaped from independency practical elements theory, only from the fact, the essential role against the above specification that legal punishment of criminal basic concept, suffered many criticisms. Therefore, later appeared part of common said, mild criminal behavior, said to the same common view tend to be unified, school of opposites in fact has eased. For the final identity and status violates basic concept to a simple explained.The second chapter, common crime and conviction identity problems. Common crime and conviction identity is a joint crime and the main problems of the relationship between the identity, from the criminal legislation aspect common criminal role in crimes according to their different division for prime culprit, being an accomplice coerced, instigator, who will not produce no identity with the principal offender could constitute a common identity, but, in the judicial practice and theoretical level, this was an unavoidable question, scholars also quite a lot dispute. This chapter, the author of numerous scholars in reference on the basis of research achievements principal offender together with narrow sense, from two aspects of the accomplice elaborated its and convicted respectively, and the identity of the relationship between the deep discussion no identity with the implementation status violates common identity; Different identity; the implementation status violates common Have no identity abet, help the identity of implementing crime; No identity abet, to help the identity of the implementation of true identity, make crime sentencing problem.The third chapter with negative identity for accomplice. The question of identity innegative, Japanese scholars have more thorough research, especially for and common crime and negative identity research, so its conclusion is also been recognized universally. However, Japan's three elements of a crime system of the four elements system with our country difference between crime in criminal law practice, we cannot good reference. Therefore, our country on common crime and negative identity described below:the relationship that negative identity can be divided into resistance but the identity and resistance but the illegality of criminal penalty sexual identity can be two; Namely common crime and resistance but the identity and joint crime illegality with resistance but criminal can punish sexual identity, from the two aspects of the corresponding discussion, with the three will accomplice negative identity a comprehensive summary of the relationship. On this basis and discusses the relative theoretical source of negative identity, and joint crime relationship.Conclusion in the summary, on the basis of the discussion above systematically put forward with the specific identity issue accomplice conviction, and further in theory scheme was highly abstract generalizations...