Identity Guilty Accomplice

To analyze the function of the criminal offender in different special identity in common crime, to screen and judge if he should be charged the concrete criminal responsibility or not and the degree of it is light or severe,these are the qestions involve important theorial and practical significance. In theory and practice of criminal law, the criminal offenders as special identity is not the unique concept and phenomenon of the common crime, but in certain objective act which is tallies the specific provisions of the criminal law and controled to implement intentionally by two people or more together. The act of the person in different identity can possibly affect to the judge of the crime, that is,if the identity of the offenders are different eacher other, then it will affect immediately accurately selects to it with what kind of charge and the rational distributionlegal responsibility. In view of the fact that pure identity of the offender is close to determine how to be guilt, and the impure identity of the offender is influence to the discretion of punishment, so the author take this as the classification, unifies the systematic provisions of the domestic and foreign criminal law, to launch to analyze the different act type and function of the accomplice separately from three stratification planes of the implementation, helps and instigates and so on, and to proposes my own preliminary view for how to determine guilt to the offenders of different identity who implement crime together.In order to fully illustrate the conclusion mentioned above, this thesis is invided into three parts, the concrete content of each part is as follows:PartⅠ: Through the comparison,to analyze and research on the concept and the essence of the crime of identity,the concept and the classification of the identity of the crime of identity,and the relation between the identity and the joint crime and so on of the country and area which belong to the mainland law system.To reorganize and study the relation and the difference of the crime of identity which related with the criminal law theory of our country. In order to establish the rule system for determining the nature of the crime of identity and announce penalty; To clarify the basic concept system and establish the corresponding research platform.PartⅡ: With the view of the crime of the pure and unadulterated identity,the auther illustrate the content below with four side:onstitute a pregnant an implement the offender without the identity can or not become the accomplice in the crime which should be implement by the offender with the identity; the person without the identity and who with the identity can or not the accomplice; the person with the identity can or not help and incite the person without the identity to implement the crime of pure identity together etc. With a lot of cases as examples related to the point, the auther summerizes the especial rule for affirming the crime as to this type of behavior that is severly endanger to the society and carring out with together. To this, the concrete stand point of the writer is that an adoption with the project of'the crime guest the body decision say" and "sentence to say respectively", giving a different processing according to the different circumstance.PartⅢ: With the view of the crime without identity, from three sides of this point. These are as follows: the person without identity and the one with identity carry out the crime of impurity real person make for, the person without identity incite or help a pregnant to implement the impurity real person to make or the person with identity incite or help the person without identity to carry out the impurity real person to make. To analyze and summarise the regulation of this type of crime commit by the accomplice who with identity or not. To this, the writer thinks, when mesuring the quantity, we should consider the identity details first, then consider the accomplice's details. It can avoid technique loophole of the emergence of the quantity effectively. The writer thinks that if pregnant didn't make use of its identity or job, then this means that the identity of a pregnant who is with is also nonsense to the quantity. Therefore, to the pregnant should also be with usually penalty.