The Study On Mixed Subject Joint Crime

Mixed identity joint crime problem, dealing with the particular subject, identity and joint offense problem simultaneously, is an extremely complicated problem as a result. But, to this extremely complicated problem, general provisions in the Criminal Code do not stipulate and only is briefly mentioned in specific provisions or judicial interpretations, which apparently is unable to meet the needs of our judicial practice. Another result is there is a wide spectrum of opinions on this problem. This paper has introduced and evaluated the views of the scholars, has brought forward self view, has brought forward some suggestions on legislation, aiming at the deficiency of our criminal legislation.On framed structure, this paper is made of the foreword, text and brief summary. The foreword part has explained research value and practical significance. Summary of the paper has summed up main viewpoints and innovation.The text is divided into three parts to comment, first, Mixed subject Joint Crime summary, This part is divided into three, namely, first, identity and the identity of the criminal law; Second, the identity in status criminals and their types; The third Mixed subject Joint Crimes and their types. This section introduces scholar's concept, classification and characters about statues in Criminal Law and draws my conclusion. And on the basis of introducing the classification of identity of scholars, this paper puts forward a new classification method and the significance of mis Classification, especially in mixed subject Joint Crimes study .After that, it sums up a concept about mixed subject Joint Crimes and its two types.The second part, it is the focus of this paper to terminate the crime and impose sentence accordingly. It is divided into two parts, first, this paper have introduced related theories, constitution of a crime theory, Joint Crimes Internal relations theory and the number of accusation theory included. Constitution of a crime theory, mainly elaborates conditions with which general constitutions of a crime are amended. Joint Crimes Internal relations theory mainly explains foundations of punishment on accomplices. In the number of accusation theory, I think that it applies not only to a separate crime, but mixed status with the same methodology significance. In short, I mink it is a necessary prerequisite to understand these several theories to resolve the problem of mixed subject Joint Crimes conviction and sentencing. Second, based on the above theories, a brief description of the conviction and sentencing of the unconstitutional status crime has been posed. Then this paper focuses on the conviction and sentencing of the crime constitutes identity. First, this paper introduces and evaluates the main viewpoints of scholars. Secondly I think that some crimes of multi people who have some special identity do not necessarily constitute Joint Crimes. Many scholars seem to have overlooked this point Therefore, the analysis divided into two parts. First, it is un-mixed subject Joint Crimes in crimes of multi people who have some special identity. Secondly, mixed subject Joint Crimes. The former can be resolved with the means to resolve general Joint Crimes; to solve the latter would draw support from above-mentioned theory.The third problem, aiming at shortcomings and deficiencies in our criminal legislation, this article put forward a number of recommendations to the criminal legislation; I believe that it is the direction of our future criminal legislation.