Identity And Common Crime Problems Discussed

The article wants to solve the crimination problem on joint crime with the identity. The article takes the identity as the entrance of the problem, takes the joint crime as the carrier and the crimination as the end result. The article start from the basic criminal principals the bisection related to, on propose of attaining to three accordances: accord to the theory of the criminal identity and give prominence to its character, accord to the commonly principle of joint crime and exhibit its rule, accord to the constitute criterion of crimination and penal judgment and balance its penalty with crime, aims to assort the theory of identity joint crime with the criminal theory. The article organizes the thoughts as follow: the nature of the normal joint crime is decided by the nature of the conduct of the prosecutor, and we should do the same in the case when then the identity comes into it. That's the foothold. The effects that the criminal identity done to the crimination of the joint crime shows like this: "When there are conducts of identity and non-identity in the joint crime, the nature of the identity dominant the nature of the whole, we should criminate the whole crime as an identity one. Here will bring us another question: when the identity person accomplish his intention through the non-identity one, how to personify the penalty to his subjective vicious? Here we back to the problem of the crimination criterion again, it's enough to solve the problem according to it.The article is divided into three parts:The first part of the article is on the theory of the criminal identity. The normal concept of the identity, the criminal identity concept, the characters of the criminal identity, the foundation of the criminal identity, the significance and the category of it are discussed here in turn. On the basis of analyzing viewpoints on the criminal identity concept, the article defines the concept of the criminal identity as this: it is certain individual factors that are provided by criminal law will effect the crimination and penal judgment. The article thinks the concept of the criminal identity broadly and thinks the motivation in the range of the identity. The article sum up the characters of the criminal identity as factual character, legal character and functional character and explain the reason accordingly. On the problem of the...