On The Identity Of The Criminal Law

Using comparison and inductive methods, this dissertation discusses systematically the problem of status in criminal law. The whole dissertation can be divided into four parts: the study of the general theory of status in criminal law; exploration of its classification and function; research of the problem of status in joint offense in criminal law and in criminal legislation in China.Before discussing the concept and characteristics of status in criminal law, the first part of the paper, first of all, gives an analysis and summary of the definition of status and its changes in criminal law. By analyzing the lawful and profitable aspects of status in criminal law, this paper points out that status in criminal law refers to the particular individualized elements featured when certain criminal offender violates some social interests.By analyzing the research achievements of a good deal of scholars, the second part of the paper broadens the horizon of research. In the classification of status in criminal law, this paper lays stress on the classification and the corresponding meaning of five groups of status in a crime, that is, subject and object of a crime, the natural and the lawful status, the positive and the negative status, the convicting and sentencing status and the fixed and unfixed status as well. In talking about the functions of status in criminal law, this paper mainly studies its evaluating, regulating and convicting functions.The third part of the paper stresses the problem of status in criminal law in joint offense. This part analyzes and summarizes such theories as prime culprit determinism, principal offender determinism, individualized punishment theory, and concrete analysis theory, pointing out their advantages and disadvantages and putting forward the theory of status profit determinism, thus combining organically the lawful and profitable aspect of status in criminal law with its function in joint offense. Then the paper discusses some hot questions of status accomplice.The fourth part of the thesis discusses several status problems in criminal legislation in China and puts forward the theory of extending status. It points out at the same time that social development makes occupations detailed, with the division of social labor becoming subtler and subtler. How to determine guilt and weight the penalty of those new profession occupiers who practice offensive actions to society is what should be concerned.