Proposal On Classification Of Illicit Status And Responsible Status

With the development of the society, some obvious difference has arises in the concepts of’status’ and ’power’, and the phenomenon of conducting crime using certain status has also become increasingly wild. Although the specific provisions of criminal law and relative judicial interpretation has identified several status crimes and done meticulous theoretical research about their composition elements, nature, and characters, the general provisions of criminal law does not have general regulations on status crime, even the theoretical circle lacks the common understanding of such problem.While some exceptional accomplices of status crime have basis in specification provisions of criminal law, it is far from enough to deal with the emerging problems with such regulations in judicial practice. Moreover, the terms themselves contradict with each other, or not completely reasonable in varying degrees, which may also lead to different results of similar behavior in judicial practice.There is no problem about the combination itself of the theory of status crime and accomplice in judicial interpretation, but only discussing the status crime within the limitation of accomplice is absolutely overgeneralization. ’Remainder-power’ crime and the identification of the status in the crime conducted by the blind, the deaf, the mute and the other people with special identity is also an important part of the theory of status crime. Without conducting research of the status crime theory within separated crime, the theory will not be completed, nor the practice be fully organized, which will definitely cause clash to the goal we pursued of equal and justice and socialism rule of law.Austrian Criminal Code explicitly classifies status crime into illicit status and responsible status, and makes general discussion about status crime. Meanwhile, the discussion of illicit status and responsible status within the legal scholars in Japan can also provide reference function for the improvement of status crime theory of our own.This dissertation will be divided into six parts:The first chapter will introduce the problem of the general theory of standard status crime and non-standard status crime. The problem of how to classify status crime is the base of studying other problems. This chapter will analysis the problem of the general theory regarding judicial interpretations, and indicate the unreasonable point of it, in order to provide background for the introducing of illicit status and responsible status.The second chapter will introduce the attempt of illicit status and responsible status of other states. Via the discussion of Austria and Japan about illicit status and responsible status, simply analyze the academic standpoint, and based on which, introduce the description of such category in the specific provisions and general provisions of our criminal law.The third chapter will mainly introduce the jurisprudence basis and value of illicit status and responsible status, thus provide strong evidence for the category preferred by the writer.The fourth chapter and fifth chapter will discuss the effect of the bringing in of illicit status and responsible status to our theory of joint offence and separated offence. These two chapters are the key part of this dissertation, because they will introduce this the impact of this category in different crimes. The fourth chapter will mainly discuss the effect of illicit status and responsible status to the participants of joint offence respectively, considering the joint offence theory. The fifth part will discuss the exceptional cases of separate crime, for example, the’Remainder-power’ crime and the crime committed by the blind, the deaf and the mute.The sixth chapter will be the conclusion, and will reiterate the importance of the status crime theory.