Crimes Of Status

Building the System of Status Crime is a very complicated project . First we must clear the basic content of"status" .In this article, the "status " is determined by a series of rights and obligations produced by certain social relations. the "status " not only represent certain rights, but also that in the exercise of these rights by the burden of obligations. In this definition, criminal law can punishment for the harm behavior due to "status " .and, the most fundamental reason of this punishment is that the behavior abuse of the rights or corresponding breach of the duty based on "status" .Moreover, such acts are criminal penalties, not only because of the behavior as a social harm, but also it represents a hazard in itself a violation of legal order. Therefore, we can explain through this theory to why the same act, the same harm to society but who on the "status" have not the same as punishment. In the clear the meaning of "status", the article began to discuss the meaning and characteristics of the "crimes of status". "crimes of status" actually means the destruction of rights and obligations based on "status ".The basic characteristics of this type of crime listed below , first it must be expressly provided by law, this is the basic requirement of the principal of a legally prescribed punishment for a specified crime; secondly the crime must be based on the "status" , this is the completely different places between "crimes of status" and other type of crimes. On this basis, the paper discussed the basic classification of "crimes of status", different scholars as committed divided into different categories. The most important is the"standard status crime"and the"offense by non-typical status". The standard of this classification is the different roles the " status " played. According to whether "crimes of status" subject of moral condemnation can be divided into natural status and legal status .Under the different roles the "status" player in the establishment of a crime or to prevent crime, can be divided into "active status offenders" and "Negative Status." a variety of division of "status offenders"means the theoretical system has become more in-depth.Similarly, the consummate of the theoretical system of "crimes of status", we must also address another problem, that is, what is the reasonable legislative issues of "crimes of status", that is, what is the punishment based on, in academia there are many different views, some consider it violates of the specific obligations, according to this doctrine , the "crimes of status" should be punished because there are those who's act violate a specific obligations, so the behavior of non-performance should be penalties. Some consider it violates legal interest, they divided legal interests first, some legal interest must be protect by specific people, and this part of the particular person has certain "status", "status offenders" must be punishment because the behavior who has a specific "status" is violated the legal interests that he must protect. But some consider this problem from a comprehensive view, first they divide the "status", and thinks that the "standard status crime" must be punishment because "status" is a part of the necessary elements to protect legal interests;"offense by non-typical status" must be punishment because although ordinary people can violate some legal interest, but the behavior who has the "status" should be apply specific punishment .The content has been built an outline of the punishment of "status offenders", "crimes of status" with the in-depth study the theory face series of difficult questions, that is, how to affirm "crimes of status"? On this issue, this paper divided the subject of crime , and discuss two aspects of this problem. The first is the individual "crimes of status", the individual "crimes of status" refers to the subject of crime is single, not an accomplice. It is simple to define the identity of criminals in this case, as long as the subject has a corresponding "status ",it constitutes a "status offender" , if the "status "affect accusation, it is"offense by standard status", if it is only affect penalize but accusation ,it is"offense by non-typical status", in the individual "crimes of status", we must distinguish the "crimes of status" and"recidivist", the"negative crime". The "crimes of status" isn't the"recidivist", because"recidivism"is not an"status". "Crimes of status" is not a"negative crime", because the"negative crime"including "crimes of status", but also other criminal acts.Under the second scenario, however, It is very complex to recognized "Crimes of status" if in the "crimes of status" and finds it very complicated. If in a common crime committed, some has a corresponding"status", some of the main dose not has or the two have different"status", How conviction? Depending on the circumstances, first if they are Mitt?terschaft, we should then consider if they have use of "status" in any criminal, if exploited, they would constitute the "crimes of status." Secondly, if there the behavior who has"status"is accessory or abettor, if the use of the"status", then they constitute the "crimes of status." If there is no relevant status, then do not constitute "crimes of status." Again, the behavior who dose not has"status", and he is accessory or abettor, we could also deal with it based on the same reasoning.The content has basically built the theoretical system of "crimes of status", on this basis, we can visit our country's criminal law, there are some flaws about "crimes of status" in our criminal law. First of all, in the articles of the individual "crimes of status", we dose not clearly define the concept of"status", equally, the punishment about the"status"dose not demonstrate the essential characteristics. Second, in the major civil law countries such as Germany, Italy, Japan, Austria ,there are some articles about complicity "crimes of status" in their general principles of Criminal Code, that is reasonable, our country can learn from them and improve China's legislation about "crimes of status".