Research On Joint Crime Of Status Crime

There is a knotty problem in criminal theory about accomplice and status, which is stipulated with specific articles in criminal law of continent law system. It is not stipulated in general provisions like others but stipulated with specific articles in specific provisions of the Criminal Law of People's Republic of China. According to accomplice and status, scholars have made remarkable researches and raised valuable views, but need to make a further study. The theoretical insufficiency and relative delay result to the difficulties of the legal application in judicial practice. Thus it is significant in theory and practice to study accomplice and status. It is the mainline of the thesis that the author aims to achieve the judicial justice and bases upon criminal stand of the objectivism, implements the theory of legal interest damage, and focuses on the practical interpretative views. The keynote of the thesis is "take a broad view of worldwide opinions, base upon Chinese theories". Applying the comprehensive knowledge of philosophy, sociology, jurisprudence, history and the related subjects, the author analyzes the status in vision of joint crime to draw a conclusion according with the substantial request of just idea, amplify criminal basic theory and promote the implementation of individual justice in judicial practice.We research the status crime in joint offence in four chart. Chart one is the general theory of the status crime. The author mainly introduce the concept of the criminal status as well as that of the status crime. As clarifying concepts is the foundation for any research of theories and there are so many theories about the status crime that the author spent much words in the general theory of the status crime. The author hope it can be good for further researching.Abettor and accessory are a vital content in the theory of accomplice and attract lots of attentions. As a major branch of the theory of accomplice and status, the research on abettor and status could helpfully determine the criminal liability of offender and be valuable to the criminal theory and jurisdictional practice. The particular tasks include the overlap of abettor and status and non-status abetted status offender. There are some complicated situations in the relations to abettor and accessory such as status offenders help non-status offenders committing crime or non-status offenders help status offenders committing crime.At the end of this article, the author discusses the existing problems of the legislation for status crime in joint offense and gives advance on it. We should set specific provision in general principles of criminal law. If no-statue offender participate statues crime, he can be punished as accomplice in crime. If no-statue offender participate no pure statue crime, when measure his penalty, we can not consider the statue factor.