Research On The Relationship Of Status And The Joint Criminal

The relationship between identity and common crime in China’s criminal law works and textbooks although no mention, but still relatively scattered. General principles the same identity and common crime in our criminal legislation did not command the overall situation, only in the specific provisions of sub-rule is made respectively specified. Although the legislative mode such as prescribed by the guidance of more specific.However, the provisions of the criminal law, do not include all the phenomenon of crime.So,in the general provisions of criminal law is necessary to establish the relevant provisions. This paper, in theory at the same time, legislation and lists other countries.In order to provide the reference material in the two aspects of theory and legislation. This article from the pure status crime and joint crime, the identity of impure crimes of status identity and joint crime and negative status and joint crime from three aspects, discusses the different situations in different conditions of the identity and the identity of persons without criminal behavior, have the status person abetting or helping no identity and the identity of persons without abet or help the identity of human behavior, whether can constitute accomplice, and whether the behavior person can constitute the abettor, accessory, whether can constitute joint principal problem. In these problems,of course, further discusses the criminal liability of the behavior of various circumstances.