On The Accomplice Of Status Crime

In the various criminal phenomena, for some crimes, besides two basic conditions commanded by general criminal legislation, which are natural person and criminal capacity, the special status of the criminal subjects as the main element affects and even determines whether or not the criminal responsibility of the actors exists and its size. The status crime is a sort of crimes in the criminal law that persons with certain capacity can enforce. In all over the world and all the criminal lawmaking at all times have provisions of capacity crime. When persons with special capacity enforce certain capacity crime by oneself or persons with the same capacity enforce certain capacity crime together, conviction and punishment can apply directly provisions of criminal law.There are a number of crimes which can be enforced by persons with the special status and persons without special status , or those which can implement by the identified and the unidentified but can be enforced by either the identified or the unidentified. Therefore the status crime is an issue that can never be neglected in modern penal theories. On the other hand, there is no a series of provisions concerning the identified complicity in the present criminal law in China, and the certainty of the joint crime of status is in disunity theoretically .The author tries to do the certain research on issue of joint crime of the status aiming at consummating our national criminal legislation, disposal the conviction and measurement of the identified complicity so as to provide the guidance to the judicial practice.This article is divided into three sections, namely the introduction, the main text and the conclusion.The introduction introduces the present research condition about the status accomplice briefly in China and points out the significance of researching status accomplice.The main text can be divided into four chapters,as the summarizing of the basic theory of identity , the identified conviction, the penal discretion and the discussion of the problems existing in the provisions of national criminal law and how to improve them.The first chapter of this section is intends to summarize the concept of identity and the identified complicity, and then introduce the definition of complicity , so that the definition of the identified complicity can be defined on the basis of it and analyze the character and the structure of the identified crime. Identity of criminal law belongs to the field of special subject in Chinese criminal Jurisprudence. In the general provisions of Chinese criminal code, there is not article of identity. The commonsense on the problem of identity has not been formed in the theory of criminal jurisprudence. The status accomplice is a crime that needs peculiar status for one person at present among them at least, and the commit crime must be put corporal punishment into practice commonly intentionally regulation's mark only when main body ability composes. The status accomplice is the hit of joint offense by an important component, and a problem that corporal punishment theory and practice must face at.How to convict and sentence the accomplice with status and the accomplice without status has been a controversial issue in the countries of continental legal system. It is been a similar case in Chinese criminal law as well. Compared with foreign cases, Chinese criminal legislation at present has only paid attention in this aspect to the crime of corruption without involving other crimes of status, like that of bribery and embezzling, etc.In the second chapter, the thesis analyzes convicting to every behavior person of status accomplice. The article discusses convicting complicated commixture status accomplice behavior person aimed to our country actual judicial practice, clouding the convicting problem of the commit crime of no-status person abet or help status person commit status crime, no-status person and status person common committing pure status crime, status person abet or help no-status person commit a crime and so on. When no-status person abets or helps status person put into effect specially appointed status commits a crime, it is regard as the accomplice who no-status person setting up a joint offense in general narrow sense, because it is not only not allowing people's infringing upon, moreover common ought to get a proprietor peculiar status respect, as human relations in society protected by corporal punishment self. On the base of the theory, every person ought to bear corporal punishment valuation bringing, together disregarding being organization criminal be still an abettor or be to help criminal. It is be called the simple commixture status accomplice for no-status person and status person commit pure status criminal, because in this condition, effectuation behavior not dividing the work concretely, but being commit a crime at the same time between each other main bodies. It should be inspected from the entirety, as effectuation behavior mutual coordination every joint offense main body, for a common criminal act entirety behavior to all of them. There is not any dispute's theoretically in China-foreign corporal punishment of no-status person being able to become the abettor of the pure status for status person to offend or help criminal. But as to the accomplice who composes commixture status thereby, the author thinks that no-status person becomes common principal offender of real status person to there being no status person and having status person to put pure status into practice commonly. We should deals with different people in different ways, unable without exception certainly or without exception negative, according to the peculiar main body puts the behavior diversity character into practice. The common principal offender who is unlike status person is also blend one kind of peculiar form of status accomplice. After determining the nature behind having discussed determining the nature there being no status person and having status person to put pure status criminal into practice commonly, we will discus the common principal offender who is unlike status's further problem. The author thinks the problem to be convicted of above-mentioned type status accomplice be able to make an explanation basis up additionally perfect to in the judiciary.In the third chapter, measurement of penalty for status accomplice behavior people is discussed. Status has significance not only to the joint offense be convicted, but also to important significance. The relation problem between status and measurement of penalty of the joint offense, mainly studies if reach being remitted a punishment in the people who does not have specially appointed status ,when the people who has specially appointed status and the people who does not have specially appointed status is that one commits a crime commonly, and the law responds to the people who has specially appointed status from duplicating each other or settling a case rather on the lenient side, lightens with regulation. That's to say, peculiar status people who affects penalty degree of seriousness specially appointed in other words, and the people who does not have this specially appointed status is put into effect commonly when some commit crime kind, get along to the people who does not have specially appointed status use generally that punishment, person is to giving from duplicating each other or settling a case rather on the lenient side according to law, to ease off and be remitted a punishment. This is the principle handling the joint offense measurement of penalty and the status relation to having specially appointed status's. The article pointes out status accomplice behavior people measurement of penalty principle first, carries out the measurement of penalty being pure measurement of penalty of status accomplice behavior people and no pure status accomplice behavior people analytical, mainly on measurement of penalty of status accomplice behavior people.In the fourth chapter, the thesis discuses the problem about status accomplice and their perfecting methods of our country's legal rules. The article analyzes the problems stipulating status about status accomplice our country corporal punishment and the judiciary explain at first and pointes out our country's regulation a about status accomplice. The thesis brings forward the measure perfecting our country status accomplice regulation further here on the basis.To sum up, the author suggests that measurement of penalty determining the nature in corporal punishment general principles, to status accomplice makes a provision of principle; and make special regulation at the same time to peculiar circumstance status accomplice problem going ahead then. For resolving the status accomplice's and measurement of penalty problem much better, Supreme People's Court and Supreme People's Procurator ate also ought to do out judiciary explanation about status accomplice, to be good for much better direction actual judicial practice at the right moment.The conclusion summaries the conception,the conviction, and the sentencing ,the perfection of status accomplice.