Study On The Accomplice And Status

In our country, the accomplice and status has long been a problem in criminallaw theory system. It not only involves the profound common crime theory in thegeneral provisions of criminal law, but also is closely linked with important statuscrime in criminal law theory. Therefore, basing on the accomplice theory and thetheory of status crime, accomplice and identity problems will become complicated. Itis easily affected by the related common crime theory and the theory of status crime,the variable which are developing constantly. In this sense, any understanding of thedeviation about the general theories of common crime and status crime will beprojected onto the accomplice and identity problems in different degrees. This meansthe understanding of the two will be inspected or examined by the latter.Considering the understanding of the connotation of the identity, the traditionalcriminal theory divides the criminal law of identity into the convicted identity andsentencing identity, according to the different effects given to the offender of crimeand punishment. This distinction model is roughly equivalent to the constitutedidentity and added and subtracted identity in the civil law countries, or the illegalstatus and responsible identity. On this basis, status crime theory classifies statuscrime into standard status crime and non-standard status crime, considering whetherthe identity is the element of the establishment of criminal or the level of theresponsibility. So, the problem of the accomplice of status crime becomes the problemabout an accomplice of standard status crime and non-standard status crime.As a clue, this paper narrows the accomplice and identity issues down to thefurther micro level. Before discussing, it is necessary to discuss the general theory of common crime, and then take a stance in this paper. Therefore, the second part of thisarticle will focus on the basic theory of common crime, pointing out that in the currentcriminal law environment we should adopt the theory of partly complicity as theessence of common crime, to overcome the limited scope of the theory of full crimecommonness and also to prevent the excessive expansion of accomplice in the theoryof behavior commonness. Common crime is a criminal type different from personalcrime. It is not easy to interpret the complexity of profit violation in the commoncrime, comparing the ordinary crime alone, which refers to a problem about thejustification for punishment in a compound body, namely the justification ofcomplicity. From the standpoint of verursachungstheorie and the theory ofsubordination of accomplice, it includes that the reason why an accomplice should bepunished is that he causes the violation of the legal interest, which is against thesocial appropriate conducts theory,directly or indirectly (through the principaloffender).The third part of the article will focus on specific issues about the identityaccomplice. To the problem of common crime of standard status crime, I claimno-identity not only can become the instigator and helper of the standard status crime,but also can be a joint perpetrator with the identity in most cases. It is also a certainconclusion of the compromise theory. To the problem of common crime ofnon-standard status crime, this article claims that it should be based on the classifiedmethod of status crime of traditional criminal theory to solve the crime andpunishment problems of identity and no-identity. On the other hand, in the problem ofcommon crime of standard status crime, the identity which has an effect on convictionand sentencing is discussed. In normal circumstances, in the problem of commoncrime of non-standard status crime, identity just affects aggravation or reduction ofpunishment.