The Studay On The Complicity Of Status Crime

The complicity of status crime is a controversial issue of the criminal law theory in the Continental legal systems, and also an unsolved problem in Chinese criminal law theory. This problem, however, is of great importance to judicial practice and theoretical research, which therefore inspired the writing of the thesis. The thesis adopts the methods of comparative analysis, case study,etc, and, after summing up the existing theories, carries out a deep research into the key hard problems concerned before my own ideas are put forward. Particularly, the review of the ideas by actual cases seems not found in the existing works so far. The thesis consists of four parts, with 40000 characters.The first part is a survey of the complicity problem in status crime, with a basic introduction about status crime and complicity, as well as the combination of the two. The author holds that status crime as provided by criminal law is a crime with the specific status of the perpetrator as the determining factor for the conviction and the penalty, from which arise the two questions discussed in the thesis: the joint commission by persons with status and without status, and the joint commission by persons with different statuses. This lays down the foundation for the studies in the later part of the thesis.The second part discusses the complicity by persons with status and without status. Firstly the concept is defined and illustrated, pointing out that the complicity by persons with and without specific status has the problem of how to determine the crimes of the person with the status and the person without (two or above) in a fellowship in intentional crime. Detailed analyses of different theories and opinions have been conducted from perspectives of standard status crime jointly committed by persons with and without status, and of the standard status crime committed by person without status but with aiding and abetting from person with a status. In the first situation, the establishment of the complicity should be based on the same crime constitution, with, however, the exception that when the two persons have coincidence in actus reus and mens rea of the actions jointly conducted, the complicity is established on the ground of the coincidence. For the latter, when the person with status as the aider and abettor for the person without status, the person with status ought to take his responsibility for the indirect-committed crime, while the person without special status be determined as the perpetrator or accessory depending on the part he played in the crime. The key point is whether or not the person without status has the capacity to be a part in the perpetration of the standard status crime. if he has been a part of the perpetration, he could be determined as the joint perpetrator. Case study is conducted as the proof and analysis of my argument at the end of this part.Part three is about the complicity by persons with different statuses. Definitions are firstly given to the concepts concerned in the problem, holding that the convictions of persons with different statuses are the key problem here in the crime. Detailed review of the existing theories is conducted after the analysis of the nature of the problem, on the basis of which my own argument is given that the conviction and the penalty of the persons with different statuses in standard status crime ought to be decided mainly on the ground of the core part with the reference to the theory of partly criminal common. If part of the crime constitution is the same, there is a possibility of separate conviction. Case study is conducted as the proof and analysis of my argument at the end of this part.Part four is the proposal for the solution of the problem. After the discussion of the current legislation and problems concerned in China,the thesis proposed a possible solution from three perspectives, which are deeper theoretical research, legislative rectification and rationalization, and making better use of the resources home and abroad. The proposal is also the preparation for my further study.Conclusions come at the end of the thesis, pointing out that the key point to the solution of the problem lies in the theoretical comprehension and concrete analysis combining judicial practices.