Study On Status And Co-crime

About the special status to influence the common crime, is the domestic and foreign punishment legal community extremely matter of concern. Author attempts from the analysis criminal law status implication, the characteristic and classified obtaining, achieves in the consistent foundation in the criminal law status connotation and the extension, then the analysis status determines guilt influence the discretion of punishment to the common crime. When the analysis status determines guilt the influence to the common crime, take implements violates as the reference, analyzes its and other one by one implements violates, the abettor and the help violates situation of the union composition common crime, forms the author conclusion. Concrete, the article primary coverage divides into four parts:First part: Criminal law status implication, characteristic and classification.1) obtains our country criminal law status refer to the legal regulations, to determines guilt the discretion of punishment to have influence certain individual essential factor.2) the criminal law status must have the fact, legal and first in the natural three characteristics.3) Divides into the natural status and the legal status differently according to the status gain way; divide into the constitution status and the addition and subtraction status differently, the constitution status decision common crime establishment as well as the nature; divides into from the hand status and must from the hand status.Second part: the function of criminal law status in common crime. 1) criminal law status decision common crime establishment, namely crime and non-crime; 2) criminal law status decision common crime nature, namely this crime and other crime; 3) criminal law status influence common crime person's discretion of punishment.Third part: First, 1) when has the status to implement violates implements with the non-status commits the common crime, does not have the status to be able to become has the status pure status to violate together implements violates. 2) when has the status to implement violates commits the common crime with the non-status abettor or the help, the common crime must instigate or crime of the help determines the nature of. 3) The author believed that, has the status to instigate without the status implementation pure status to violate, has the status with not to have the status to be supposed to take the pure status violates the common principal offender carries on the punishment. 4) does not have the status to implement violates with has when the status help commits the common crime, the domestic viewpoint is the reference has the status to instigate situation of without the status implementation crime, but the Japanese scholar's viewpoint is also worth profiting from. When second, different status common crime, common crime determining the nature.1) the different status when implements commits the common crime, The author persisted logically coherent argument of standpoint the common crime establishment theory, determines the common crime nature according to the damage law profit, if simultaneously violates two law profits, said according to the law profit weight, determines the nature of by the value big law profit to the common crime.2) the armor status instigates, the help second grade status implementation crime, divides into four kind of situations to elaborate separately.Fourth part: 1) if does not have the use to have the status status, to does not have the status to sentence the usual punishment, to has the status to give lenient or punishes severely.2) uses has the status status, must think also had without the status had the status status, thus no longer was to does not have the status to sentence the usual punishment, but was with has the status equal treatment.