On The Status Of The Criminal Law

There is no denying the fact that, in the field of criminal jurisprudence, status has been an important point that can not be ignored. Status, not only in the old criminal laws but also in the modern criminal laws, has had significant position. There are few criminal laws in the world, which, according to my gathered materials, include the general and legal concept of status, although there are many provisions which are relative to status. There are also many provisions in our criminal laws which includes special status, but no the idiom"status", let alone lawful concept of status. Nowadays there are many deficiencies in both general provisions and specific ones of our criminal law. There has been a deep research in the crime of variety of statuses, from the sphere of criminal law in China, whereas there has been few scholars who make a special exploration of the questions of statuses ,where has been regarded as appendix of other theories, which is responsible for ignorance of the questions of statuses. This paper tries to redefine the concept character,type and role of status in the criminal laws on the basis of classification and summation of achievement of scientific research of status in the criminal laws by the method of contrast and conclusion, also study and explore some questions relate to status in the criminal laws on the base of the current criminal code of China and classification of status in the criminal laws by the method of classification and list. This paper can mainly be divided into four parts:The first part, the concept of status in the criminal laws, sets forth the general and legal concept of status and redefines the concept of status in the criminal laws.The second part, character,type and role of status in the criminal laws, reveals and limits character ,type and role of status in the criminal laws on the basis of classification and summation of Chinese and foreign achievement of scientific research of status in the criminal laws by the method of contrast and conclusion. The third part, roles and significances of various statuses in the criminal laws, sets forth the criminal role of status on the base of the current Chinese Criminal Code and classification of status in the criminal laws by the method of classification. And emphatically classified the status of the victims and target people of harmful actions and sets forth its criminal roles and significances.The forth part, some special criminal questions relative to the status, sets forth relative questions between the status and joint crime, emphatically explore the determination questions of joint crime which involves status and non-status and different status on the base of the introduction of various theories and standpoints, and proposes to add the concept of status and the role of status in joint crime directed against the many deficiencies in both general provisions and specific one in Chinese criminal code. On the other hand, the paper proposes to add the provisions of the concept of the status and role of the status in the joint crimes in the general provisions and research some questions relation to status in the criminal law.