Identity To Commit Accomplice

Status crime problem is an important problem of modern criminal law theories development process. It suffer domestic and international scholar's concern on criminal law in times gone by and all. However, this article only to probe into a relationship status and joint criminal as a hot problem in status crime problem, in order to have the benefit with legislation and judicature practice on status crime joint criminal for our country.Three parts constitutes the whole article:(1) status crime outline; (2) the relationship between status crime and executor; (3) the relationship between status crime and non-executor;The first part mainly probes into the conception and characteristics of status in the criminal law. The author comes to the conclusion that status in the criminal law refers to as a personal essential factor which is precisely stipulated by the criminal law and affects how to determine guilty and weigh the penalty. It definites the intension and extension of status in the criminal law . Then the author analyzes the conception of status crime, think status crime is a kind of crime, which is precisely stipulated by the criminal law, taking the actor's specific status, when he or she is acting, as an essential condition to determine guilty or a legal situation to weigh the penalty. And the author mainly inquiry the boundary between pure status crime and impure status crime in the theoretic types of status crime , on the basis of the essence of status crime.The second part is the point of the article, is to study the problem of the relationship between status crime and executor. In this part, the author divides pure status crime and impure status crime to discuss. The relationship between pure status crime and executor includes two kinds of situations: a situation of the man without status and the man with status execute together, and a situation of the men with different and particular status execute together. The author thinks, analyzing if the man without status and the man with status constitute common executor of pure status crime, should concrete circumstance concrete analyze, can't be treat different matters...