The Research On Unilateral Correspondence Crime

There are many problems when the impunity party of the unilateralcorrespondence apply to judicial practice. Take the crime of Selling Obscene Articlesfor example, only selling act constitutes a crime,t he buying behavior will not bepunished according to the crinal law. However, when the buyer deeply encourages theObscene Article seller to sell things himself, and the seller who was not willing to sellthings to the buyer. Should the buyer’s behaviors be considered as the instigator to bepunished in this situation? Take consideration of the crime of forges or alters theidentity card of a resident, the buyer who provides the photos, personal informationand cash advances, requires the seller to forge or alter identity card.Should the buyer’sbehaviors be punished as the aiding criminal.There is also widespread controversy.This article research the problems above in the point of Unilateral correspondencecrime in order to benefit the judicial practice.And the article is divided into three parts.The first chapter discusses the basic concepts of the Unilateral correspondencecrime. The scope of the joint crime in Chinese criminal law is different from theGerman-Japanese criminal law. Therefore, we discuss the theoretical foundation ofthe Unilateral correspondence crime first. This article advocates we should discuss theUnilateral correspondence crime under the theory of the most widely joint crimes.Secondly, the article briefly introduces the concept and the classification of theUnilateral correspondence crime. The concept of correspondence crime should bebroadly. It includes the correspondence crime that both sides commit crime and the correspondence crime that one side commits crime.And this chapter defines themeaning of the correspondence behavior.Above all, the concept of Unilateralcorrespondence crime is proposed. The concept is that the one side commits crimewhile the other side do not commit crime according to the criminal law. The one sidethat commits crime is called the punity party, and the other side that does not commitcrime is called the impunity party in criminal law. The necessity and significance ofthe Unilateral correspondence crime are also discussed in the last part of this chapter.The second chapter discusses the justification of punishment and the scope of theunilateral correspondence crime. This chapter is the focus of this article. The coreproblem of the unilateral correspondence crime is that whether the impunity party canbe punished as the instigator or the aiding criminal of the punity party by the rules ofgeneral provisions.Firstly, this chapter introduce how the dispute occurs. And thedifferent theories are also introduced.Secondly,this chapter introduces and reviews thetheories.Above all, the view of this article is proposed. The view is that the aidingbehavior and the instigating behavior of the impunity party should not commit crime.The scope and justification of punishment of the impunity party are furtherlydiscussed.The third chapter begins discussion from the point of how to solve the problemsin judicial practice with the method of theories. Firstly, the buyer who providespersonal information and cashes to the forgers can not be considered as theaccomplice. Secondly, this chapter reviews the judicial interpretation on handing thecases of crimes of producing and marketing fake of substandard. It is the reasonablethat the purchase of medical equipment is equivalent to the sales practices in thisinterpretation. At last, the chapter reviews the judicial interpretation on trialing thecases of the crime of embezzlement of public funds.The crime of embezzlement ofpublic funds and the behavior of using the funds can not be considered as theunilateral correspondence crime, which should be judged according to the rules ofaccomplice.