The Crime Of Joint Identifications

Criminal identifications pertain to the problem of special subjects in the Criminal Law. No specific provisions of identifications have been stipulated in general provisions of the Criminal Law, no agreement to the understanding of identification has been reached in the theory of the Criminal Law, either, particularly, it is more complicated that identifications associate with Joint Criminals. The thesis aims to solve the disadvantages of the principles of identification and Joint Crimes and advance the theory of Joint Crime subordinate and independence as the theoretical foundation so as to support judicial practices in theory, regarding the basic conception of Joint Crimes as a start, referring to the provisions of identification and Joint Crimes all times and all over the world in the Criminal Law, studying the ideas of different Joint Crimes. Meanwhile, based on the analysis and study of the provisions concerning the identification and Joint Crimes in the Criminal Law and the discussion of the basic connotation of the identification and Joint Crimes it differentiates and analyzes the relationship between the identification and Joint Crimes and the function of the conviction and the measurement of punishment as well. As far as the relationship conviction is concerned, it is believed that criminals can not be convicted of separately, but a proper imputation to reflect the characters of Joint Crimes according to the Principle of Which the Subjectives Are Consistent with the Objectives under some circumstances in which the one who owns an identity interacts the one who owns no identity to commit the crime of the joint identification or so do the ones who both own identities. As far as the measurement of punishment is concerned,the principle of the solution is that "different punishments result from identified crimes".The thesis includes six parts such as introduction, four parts and conclution. Introduction: Starting with the identification, having the theory of Joint Crime as the presupposition, analyzing and referring to the principles concerning the punishment of the crime of joint identifications all times and all over the world, the author advances the principle of the punishment of the crimes of joint identifications. Chapter One: On the basis of the connotation of identification differentiated and the category of identifications, the author puts forward the conception of the crime of Joint Identification, states the legislative evolution of the Crime of Joint Identification and illustrates the significance of the legislation of the Crime of Joint Identification in our country. Chaper Two: Rooted in the spirit of which makes the past serve the present and makes the foreign serve China, the advantages and disadvantages of the legislation of the Crime of Joint Identification and the Crime of Joint Identification guided by the theory of Subordinate and Independence of Joint Crime oversea are discussed according to the category of the functions in ancient China. Starting with the idea of crime in our country, the author advances the unfied theory of Subordinate and Independence of Joint Crime as the basis of the solution to the theory of Crime of Joint Identification, endowing with the new connotation of Subordinate and Independence of Joint Crime. Chapter Three: In the chapter the author discusses the function of the identification for the establishment of Crime of Joint Identification , stating that the identification modifies the key body of the subject of Crime of Joint Identification Composition, analyzing the problems existing in the theory of Crime of Joint Identification in theory and practice in our country as the basis of the modification of Crime of Joint Identification Composition. Chapter Four: In the chapter the author analyzes the provisions concerning the Crime of Identification in the domestic Criminal Law , consulting the principles of the measurement of punishment of the Crime of Joint Identification abroad , concludingand advancing the principles of the punishment of the Crime of Identification in our country . Conclution.