The Analysis Of Certain Identity And No Identity In Joint Crime

The main research direction is the problem how to convict of the fellowship in crime thatpersons with certain identity do it with others without this identity. through the legal analysisof a case of "Liu’s crime of fraud and Wang’s crime of abuse ", which rationalizes the point ofcontention in both the theory through the use of many scholars, I make about the viewpointthat how to properly convicted of joint offence, and the method of criminal conviction thathow to convict of the fellowship in crime which persons with certain identity do it with otherswithout this identity. The following text is divided into five sections.The first part and the second part introduce the essential complexion of the case of "Liu’scrime of fraud and Wang’s crime of abuse", which will lay the foundations for the disputesand legal analysis in the next part.The third part points out the focus of controversy. It mainly includes the viewpoint thathow to properly convicted of joint offence, and the method of criminal conviction that how toconvict of the fellowship in crime which persons with certain identity do it with otherswithout this identity.The fourth part explains differences of opinions, reasons, and different points of viewsheld by parties.The fifth part is the main body of this article. It mainly makes the analysis of the issuesand draws a conclusion. Firstly, in theory, It illustrate various views related to what is thecrime which persons with certain identity do it with others without this identity.On thesecond, it presents author’s method for determining the criminal nature of complicity whichcommitted by the persons with identity and the others without identity, which is based on thedescription and analysis of current correlation theory. Afterwards, it discuss the abusing incorruption crime, and how to convicted of it.The sixth part focuses on the whole case to summarize my conclusion from the case. Itindicates author’s opinion on conviction and of Liu and Wang’s abusing Wang’s authoritybehavior. Meanwhile, extending the issues involved in this case moderately, it propoundsrelevant legislative proposals and judicial suggestions according to the current situation oflegislation and law enforcement in China.