The Identity Of The Accomplice Of Duty Crime Research

In the theoretical research of criminal law, joint crimes are academic issues which have a big amount of undecided perplex questions. To some extent, occupational crimes are especially vital in the research of joint crimes. Owing to the absence of regulations on accomplice of occupational crimes, judicial interpretations which serve some special cases under some certain circumstance appear. These judicial interpretations are intended to take the theory of non-value of behavior or the theory of result without value simply on the purpose of accomplish some specific tasks. Different theories may have different effects on occupational crimes, in return, which are likely to impact the development of the justice. However, for the problems of status and accomplice are so various in a specific case, and at the same time, accomplice of occupational crimes is also regarded as a historical issue, changing with the development of the society, the various discrepancies occur inevitably both in the theoretical circle and the operation in juridical practice.Some countries with the civil law system, such as German and Japan, have already been in the depth of the research on exclusive occupational acts. According to their argument, status crimes includes both the occupational crimes by public rights, which only happen on the government employees, and the occupational crimes of technology, which happen on the person who is not a government employee, but owns specific occupation or occupational status. Such classification is based on the exclusive nature of occupational behaviors, which is the fundamental nature of occupational crimes acts. From the perspectives of behavior characteristics and law natures of the aforesaid two crimes, we can generalize and refine the generality and specialty of occupational crimes and then, an important routine of the standard of identification of accomplice of occupational crimes can be provided theoretically, which can help to recognize the complex forms of a crime and make a correct conviction and punishment. Only by this way can the phenomenon of random convictions through the means of identifying accomplice been prohibited in the judicial practice.Therefore, to improve the legislation of accomplice of occupational crimes and avoid the problem of logic circulation occurring in the research of accomplice of occupational crimes in the judicial practice, typological research approach should be utilized in the theoretical study. Moreover, legislative principles in "Anti-Corruption Convention" towards to corruption crimes especially crimes committed by using one’s influence and crimes of abusing one’s authority should be referred in the legislative practice. Ultimately, the external environment and performances of complicated occupation types and public rights which can be maliciously used are integrated into a reasonable and relatively simple model. Furthermore, all the unimportant psychology elements and mental processes that are difficult to be considered are supposed to be ruled out of the constitutional elemenis.