On The Identity And Common Crime

The paper discusses several items of status and joint-crime, including the conception of status, function of status, the relationship between status and joint-executive offenses and the relationship between status and other accomplices. The paper is divided into three parts.In the first part, based on the scholar's contribution, the author definite the conception of status, and then analyses the function of status.The second part is the main part of this paper, the author analyses several problems of the relationship between status and joint-executive offenses. Firstly , the author analyses the foundation that generate the accomplices; secondly, the author analyses that the non-status could not execute the status offenses individually; thirdly, the author figures that the joint-executive offenses is duality; i.e. both accomplice and executive; fourthly, the author figures that some genuine status offenses could be executed by the status and non-status, but not the all status offenses could be executed by the status and non-status, and then explains how the case forms; fifthly, in the case that the status and non-status execute the genuine status offenses, how to criminate them; sixthly, in the case that the status and non-status execute the non-genuine status offenses, how to criminate them; seventhly, how to criminate if the negative status serves as joint-executive offenses.The third part, the author analyses the case of status and other accomplices, including that how to criminate the status instigates, assists the non-status execute the genuine status offenses; how to criminate the non-status instigates, assists the status execute the genuine status offenses; how to criminate the status instigates, assists the non-status execute the non-genuine status offenses; how to criminate the non-status instigates, assists the status execute the genuine status offenses and how to criminate the negative status serves as other accomplices.Joint-crime is important in the Criminal Law theory, and the law case is different indeed, so we must analyses each case in detail, and combine the case and Criminal Law together, to get a reasonable judgment and make a justification among crime, liability and punishment.