Identity To Commit A Common Crime Research

Status crime is a crime style based on the special status which the behavior belong. It means that only special person can commit this kind of crime. In Chinese penal code this style of crime is made in the mode of single crime. Consequence, when status crime and non-status crime commit a joint crime, it brings a series of problems in the theory and judicial practice.Regarding the conception of status and status crime as a start, based on the constitutive elements of Joint Crimes, the dissertation make a deep study on the conviction and the measurement of punishment of status joint crime. The thesis includes six parts such as introduction, four parts and conclution.Chapter one includes three aspects. Firstly, the author analysis the concept of status and status crime. It includes four elements: character of law, affiliation, fact etc. then we analysis the styles of status crime. Based on the research of joint crime, it is divided as pure status crime and non-pure status crime. The final question is the accordance of punishment of status crime. The essential of crime will be harm of benefit and the theory of joint crime is consistent in logic.Chapter two includes two questions. The research of basal theory in joint crime is the premise to solve the question in the accomplice status of crime; the conclusion will be different if this premise is not the same. The constitutive elements of status crime is the sole accordance of conviction and the measurement of punishment. The dissertation studies the proper of non-status person under different situations, pointing out that the status must combine with the conviction of status crime.Chapter three studies the conviction of status joint crime. No agreement has been reached on the standard of conviction of status joint crime. Now the existing question is that the core of this style of crime is not been grasped, for it is not be understood in the context of joint crime. It should be persisted that the status person cannot affect the non-status person.Chapter four studies the measurement of punishment of status joint crime. Based on the difference between the status and non-status persons, separation principle should be persisted.