Common Crimes, Crimes Of Status

In the joint offence theory, the relationship between joint offence and identity is an extremely important question. Different identities influence joint offence nature as well as the criminal's legal responsibility. Therefore, the research on joint offence and the identity relation is quite significant for determining the kind of crime and the measurement of penalty. This article is based on the criminal law theory and judicial practice, researching the disputing problems existing in joint offence of identity crime, and expecting to solve the problems in theory and practice.This article is divided into four parts:Chapter 1 introduces the identity and identity crime in criminal law. Their existence is the legal precondition of joint offence of identity crime. In this chapter, the writer consults criminal law theory both in China and out of China, and clarifies the conception of identity and identity crime, as well as classifying identity crime into two kinds:pure identity crime and impure identity crime.Chapter 2 firstly introduces relevant basic theories of joint offence, and review the legislation and academic opinions of the relationship between joint offence and identity. Because there is no general provisions in China present criminal law, and the judicial explanations are not quite satisfying, lots of problems are arising in legal practice. Therefore, basing on the legislations both in and out of China, both ancient and modern times, further research of joint crime and identity is much important.Chapter 3 is the essential part of this article. Pure identity crime is the most important type in identity crime. If it is combined with joint offence, lots of difficult and complicated results should be generated. This chapter is divided into two possibilities:joint offence between the one who has special identity and the one who has not, joint offence between people who have different identities. Furthermore, the former is subdivided into two conditions:the one who has identity incites the one who has not, the one who doesn't have identity incites the one who has identity. Those possible conditions are explained and analyzed by criminal law theory and academic opinions. The writer also puts forward personal opinions and suggestions.Chapter 4 is concerning on impure identity crime. Due to the different understandings of impure identity crime between China mainland and the countries of Continental legal system, the writer introduces this problem basing on conviction and penalty and discusses their conditions separately. It is expected to solve this problem properly.