On The Status Of Common Crime Qualitative

Status is the position and the qualification sign of person in society.Status crime which runs through each chapter and section is a common crime in our current criminal law.The principle of conviction and the measurement of penalty about single-handed status crime is very clear and definite,but it becomes very complicated when status crime is realated to joint offence.Our current criminal law hasn't delivered a lecture to status crime and joint offence out definitely.Our country criminal law circles can't pend for further theory research.Further theory research is beneficial to improving criminal legislation and actural judicial practice of our country,and being able to make corporal punishment protect stable the people life function and the human rights guarantee function brings into play further.This essay is analysed trying to be in progress to status and the joint offence determining the nature from the actual judicial practice angle,on hoping investigation and discussion by the fact that defendant called Hu and Yuan grafts divergence and dispute,and and stipulating that the dispute existing in middle to case complies with theory and practice to status and the joint offence relevance combining with our current criminal law compose out author self-analysis.About the topic of status and joint offence,the author will bring the relationship between the status and joint offence from the question on status and status crime,and do a further research on conviction and the measurement of penalty about status joint offence combining with our current criminal law. The main body of this essay is allotted for five parts:PartⅠis a brief, is that a common graft case about defendants called Yuan and Hu.PartⅡis the basic introduce of this essay, that the main body of this essay is chosen is that one person who has status and there is no status puts the case committing a crime into practice commonly, defendant called Yuan makes use of self government staff members status facilitating , the unit casual laborers who gangs up not having government staff members status is defendant called Hu put the criminal act appropriating state property illegally into practice commonly, embezzler's status , but court is punished for to grafting crime to defendant called Hu as before according to our country provisions of the criminal law though defendant called Hu does not have pure status committing a crime, this is just to there be no status person and has if status person be able to compose common that status crime really to put the divergent location committing into practice. At the same time, defendant called Hu does not have the qualification grafting the crime main body to if court's measurement of penalty weigh to the punishment fits the crime grafting crime's , also, ask the main body of a book to carry out necessary discussion and analyse.PartⅢis the law case focal point, in terms of theory, is similar to be convicted committing a crime but the viewpoint that existence is unlike , has three kinds viewpoints mainly to here since this case is to there be no status person and have status person to put criminal act into practice commonly, although our country "Criminal Law" the 382nd the 3rd stipulates that common formation embezzles crime: The first, two defendants are composed commonly invades and occupies crime , is not punished for to grafting crime commonly. The second the formation being convicted respectively, defendant called Yuan having status embezzles second,crime , there is no status 's defendant called Hu composes post invading and occupying crime. The third, two per capita defendant formation has embezzled crime , two persons have been that common grafting crime's puts criminal into practice , the court has adopted this viewpoint right away. At the same time, two defendants' disagreement to the impact of status over measurement of penalty also exist.PartⅣdispute and the divergence are the main body of this essay , the author starts with discussing having no status person theoretically and having status person to put if joint offence be able to compose pure status criminal into practice first , the introduction theory boundary commits the different viewpoint being convicted under condition to common effectuation, is that the principal criminal decides the say , peculiar status saying , being convicted respectively composing the quarrel putting crime into practice deciding to say four kinds viewpoints to there being no status person and having status person to put pure status into practice commonly committing a crime. That the author holds out is that the peculiar viewpoint status that the court adopts says , there is no status 's the status that defendant called Hu makes use of to defendant called Yuan having status facilitates and defendant called Yuan puts corruption behavior into practice commonly, facilitate as long as having made use of having status person post to go ahead , ought to be punished for the joint offence right away. Besides, owe a part author the analysis having been in progress to the impact of status over measurement of penalty, divide the effect committing to pure status crime and the effect that no pure status crime concretely two aspects.PartⅤis that problem has carried out complement other study the conclusion , status and joint offence problem determining the nature that the author relates to the main body of this essay in case comment that. That the author comments that first is the status summary, by the fact that making an explanation to the status concept, characteristic and classed different theory , discussion being to crime the relation preparing status and the joint offence to status establish a basis. Discussion being a concept and nature offending a problem to status then , nature problem offending the analysis that compromise says in nature by increasingly by the emperor himself, saying specially appointed duty , violating to law to compose the quarrel, knowing that status commits a crime further in status. On discussing the basis that status and status crime, condition has carried out complement on not to relate that in the status case to the effect being convicted other. Be to there is status person abetting first , help nothing status person to put the circumstance committing a crime into practice, be that theory composes in reply be convicted committing a crime there being status person abetting , helping person to there be no status to put no pure status into practice concretely mark there is status person abetting , helping be convicted committing a crime to there be no status person putting pure status into practice theory two kinds condition , different be convicted being in progress according to different condition. Be that the circumstance abetting , helping to there is status person putting joint offence into practice or being put into effect commonly with that committing a crime, is among them secondly there be no status person , there be no status person and have status person to be put into effect commonly committing a crime, the punishment fits the crime being to be to put criminal into practice already is in progress in dispute and the divergent part comment that. Analysis being to pass several above-mentioned parts finally, the court decision to this case carries out analysis on the court , the author commits to the court to defedant called Yuan and defendant called Hu as common effectuation, carrying out the punishment fits the crime court decision at the same time in order to grafting crime is a correct conclusion.