Research On Accomplice And Identity

As a special element, status has different effects on accomplice’s conviction and sentencing, so the study on accomplice and status is not only an unavoidable problem in the study of criminal law theory, but also has a very important practical value. In order to explore the relationship between accomplices and status, this paper learns the existed research results. This paper begins with analysis of the meaning, classification and essence of the status, as well as the accomplice. Then it introduces the Continental legal system to have a deep understanding of the problem of accomplices and status. Finally it has a discussion about how the status influences accomplice’s conviction and sentencing, and gives some legislative suggestion. This paper is divided into the following four parts:Chapter1introduces the basic theory of status and accomplice. Chapter1includes two sections. Section1is about the status’ basic theory, focusing on the analysis of the meaning, classification and essence of the status. Section2is about the accomplice’ basic theory, focusing on the discussion about the essence of accomplice, as well as the classification. In a word, Chapter1lays a theoretical foundation for the following study.Chapter2introduces the Continental legal system. It includes a brief analysis of the French criminal law:the criminal borrow theory, Germany and Japan criminal law, and Austrian criminal law. It is about how other countries evaluate the problem of status and accomplice. With such a comparison we can have a better understanding of the status and accomplice.Chapter3is a big discussion about the conviction and sentencing of status and accomplice, especially how typical status, non-typical status and passive status influences accomplice.In Chapter4,1give some legislative proposals on China’s complicity and status. I suggest creating General provisions on the identity of the accomplice in the general principles of our criminal law, and correcting some wrong provisions.